Sutton v. Books

Supreme Court of Minnesota

Sutton v. Books

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

Supreme Court of Minnesota·Decided May 23, 1930·No. No. 27,885.·Published

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.

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

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