 ... 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 4891889Vollansicht - Über dieses Buch
 | 1895 - 1168 Seiten
...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,... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1889 - 768 Seiten
...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... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1889 - 768 Seiten
...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... | |
 | 1900 - 1288 Seiten
...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... | |
 | California. Supreme Court - 1903 - 878 Seiten
...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... | |
 | 1905 - 1736 Seiten
...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... | |
 | Montana. Supreme Court - 1905 - 762 Seiten
...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... | |
 | Thomas A. Mapes - 1907 - 488 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... | |
 | Iowa. Supreme Court - 1908 - 868 Seiten
...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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