Sutton v. Books

Supreme Court of Minnesota

Sutton v. Books

231 N.W. 10, 180 Minn. 417, 1930 Minn. LEXIS 1253

CourtSupreme Court of Minnesota

DecidedMay 23, 1930

DocketNo. 27,885.

StatusPublished

This text of 231 N.W. 10 (Sutton v. Books) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sutton v. Books, 231 N.W. 10, 180 Minn. 417, 1930 Minn. LEXIS 1253 (Mich. 1930).

Pincite

Opinion

Taylor, C.

In this case plaintiff served a reply to defendant’s answer. Defendant demurred to the reply. The court overruled the demurrer but certified that the question involved was important and doubtful. Defendant appealed.

All allegations of new matter in a reply are deemed denied without- further pleading. G. S. 1923 (2 Mason, 1927) § 9268. The provision in K. L. 1905, § 4134, which permitted a demurrer to a reply, was eliminated from the statute by L. 1913, p. 47, c. 54 [G. S. 1923 (2 Mason, 1927) § 9257] and such a demurrer is no longer permissible. See 5 Dunnell, Minn. Dig. (2 ed.) §§ 7538b, 7557, 7624b.

Demurrer to a reply having been abolished, there is no question for review and the appeal is dismissed.

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Taylor, C.

In this case plaintiff served a reply to defendant’s answer. Defendant demurred to the reply. The court overruled the demurrer but certified that the question involved was important and doubtful. Defendant appealed.

All allegations of new matter in a reply are deemed denied without- further pleading. G. S. 1923 (2 Mason, 1927) § 9268. The provision in K. L. 1905, § 4134, which permitted a demurrer to a reply, was eliminated from the statute by L. 1913, p. 47, c. 54 [G. S. 1923 (2 Mason, 1927) § 9257] and such a demurrer is no longer permissible. See 5 Dunnell, Minn. Dig. (2 ed.) §§ 7538b, 7557, 7624b.

Demurrer to a reply having been abolished, there is no question for review and the appeal is dismissed.

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Bluebook (online)

231 N.W. 10, 180 Minn. 417, 1930 Minn. LEXIS 1253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-books-minn-1930.