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22 Minn. 538

Moen v. Eldred

Supreme Court of Minnesota

Decided April 13, 1876

Supreme Court of Minnesota · decided 1876-04-13

Appeal by defendant from a judgment of the municipal court of the city of Minneapolis. The action was for nine days’ services at the agreed price of $1.50 per day, the complaint also alleging that such services were reasonably worth that sum per day. The defence was the general denial stated in the opinion, and facts claimed to constitute a special contract, and a breach of such contract by plaintiff.

Cited by 2 later decisions — most recently May 1895

2 state decisions

Relies on De Espinosa v. Gregory · Blake v. Eldred · Chapman v. Chapman

Good law ✅— No negative treatment on recordhow we know

Decided 1876-04-13

View the full empirical analysis of this case →

Berry, J.

¶1The answer in this case commences as follows: “ The defendant, for answer to plaintiff’s complaint, respectfully states and shows to this *539court that he denies each and every allegation in said plaintiff’s complaint contained,” etc. As to the sufficiency of this mode of denial the courts differ. See Blake v. Eldred, 18 How. Pr. 240; Powers v. Rome, etc., R. Co., 3 Hun, 285 ; People v. Christopher, 4 Hun, 805 ; Chapman v. Chapman, 34 How. Pr. 281; Espinosa v. Gregory, 40 Cal. 58 ; Munn v. Taulman, 1 Kans. 254; see, also, Moak’s Van Santvoord, 526, note 3.

¶2We think the form of answer above quoted is equivalent in effect, as well as in the intention of the pleader, to the following, viz.: The defendant, for answer to plaintiff’s complaint, denies each and every allegation, etc. It is, therefore, a sufficient denial, although, as a matter of course, it is better, in pleading as elsewhere, not to use superfluous words.

¶3Judgment and order for judgment reversed.

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