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" ... is threatened with many more of such actions. To sustain the demurrer, or rather to reverse the order overruling the same, in this court, the learned counsel of the appellant relies only on the main ground that the complaint does not state a cause... "
The Northwestern Reporter - Seite 489
1889
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The Pacific Reporter, Band 38

1895
...preserved by a bill of exceptions, and the appellant relies solely for a reversal of the judgment upon the ground that the complaint does not state a cause of action, the contention being that the contract is executory, and that an action will lie only for damages for its breach,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Band 72

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1889
...caused, as required by said ordinance, and the city is harassed by actions commenced for such cause, and is threatened with many more of such actions. To sustain...franchises, and that it is a mere contract between the company and the city, for a breach of which the city has the usual remedy by action ; and that...
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1889
...caused, as required by said ordinance, and the city is harassed by actions commenced for such cause, and is threatened with many more of such actions. To sustain...appellant relies only on the main ground that the 1™^,," i." °f complaint does not state a cause of action. The contention of the learned counsel...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Band 77

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1891
...demurrer to the complaint on the ground of misjoinder of causes of action, and also upon the further ground that the complaint does not state a cause of action. The demurrer was overruled by the circuit court, and from the order so overruling the demurrer this appeal...
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2 years transportation progress, Band 61

1900
...damages in consequence thereof the amount unpaid on the original contract. The defendants demur on the ground that the complaint does not state a cause of action. The position of the defendants is that the action of replevin was an election to rescind the agreement...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 138

California. Supreme Court - 1903
...question as to the complaint raised in the court below. No objection was made to the evidence upon the ground that the complaint does not state a cause of action. The defendants answered, and in their answer they alleged that they undertook and agreed to thrash the...
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The American State Reports: Containing the Cases of General Value ..., Band 101

1905
...APPELLATE PRACTICE — Disposal of Demurrer. — If a demurrer to a complaint has been sustained, on the ground that the complaint does not state a cause of action, the judgment entered thereon must be sustained on appeal, if the appellate court concludes that such demurrer...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 32

Montana. Supreme Court - 1905
...of tho trial of this case appellant objected to the introduction of evidence by the plaintiff on the ground that the complaint does not state a cause of action; the court overruled the objection; the appellant brings himself within the recognized exception, and is...
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The Montana Digest: A Brief Digest of All the Decisions of the Supreme Court ...

Thomas A. Mapes - 1907 - 441 Seiten
...the outset of the trial, de- ; fendant objects to the introduction of evidence i by plaintiff on the ground that the complaint does not state a cause of action, the question whether the complaint states a cause of action is reviewable on appeal from an order denying...
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Reports of Cases at Law and in Equity Determined by the Supreme ..., Band 135

Iowa. Supreme Court - 1908
...72 Wis. 612 (40 XW 487, 1 L. R, A. 771), where Orton, J., says: The contention of learned counsel is that the ordinance confers no corporate privileges...franchises, and that it is a mere contract between the company and city for the breach of which the city has the usual remedy by action, and that the...
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