Connecticut Mutual Life Insurance v. King
Supreme Court of Minnesota
Action of ejectment in the district court for Hennepin county. On a second trial, the case was tried before Brooks, J., who directed a verdict in favor of defendants. After denial of a motion for judgment notwithstanding the verdict or for a new trial, judgment was entered pursuant to the verdict. From the judgment, plaintiff appealed.
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Action of ejectment in the district court for Hennepin county. On a second trial, the case was tried before Brooks, J., who directed a verdict in favor of defendants. After denial of a motion for judgment notwithstanding the verdict or for a new trial, judgment was entered pursuant to the verdict. From the judgment, plaintiff appealed. The decision in the first appeal has no bearing, except as a precedent; the doctrine of res judicata does not apply, but that of stare decisis. At common law the verdict and judgment was not conclusive. Repeated actions of ejectment might be brought, and the…
1Opinion of the CourtLewis, J.
This is an action in ejectment, and involves a review of the second trial secured by plaintiff under the statute. The decision upon the first appeal is reported in 72 Minn. 287, 75 N. W. 376, where will be found a statement of the facts. The trial court in the present action directed a verdict for the plaintiff upon the ground that this court in the former decision had determined the law of the case, *81and that there were no questions of fact to submit to the jury. Plaintiff moved for judgment notwithstanding the verdict, and, if that be denied, for a new trial. Both motions were denied, and…
2Cases cited6 opinions
- Connecticut Mutual Life Insurance v. KingSupreme Court of Minnesota · 1898
- Sheldon v. BrownSupreme Court of Minnesota · 1898
- Hammond v. CarterIllinois Supreme Court · 1896
- Somerville v. DonaldsonSupreme Court of Minnesota · 1879
- Kremer v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Leland v. HeibergSupreme Court of Minnesota · 1923
- Fender v. AppelSupreme Court of Minnesota · 1932
- Remole v. Jonathan Development Corp.Supreme Court of Minnesota · 1979
- Wolf v. EdmonstonSupreme Court of Minnesota · 1906