Minnesota Supreme Court, 1930

Sutton v. Books

Sutton v. Books
Minnesota Supreme Court · Decided May 23, 1930 · Taylor
231 N.W. 10; 180 Minn. 417; 1930 Minn. LEXIS 1253 (North Western Reporter)

Sutton v. Books

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.