Legal Opinion

Dayton v. Craik

Supreme Court of Minnesota

Decided June 27, 1879PublishedCited by 8 opinions

By indenture of lease the plaintiff demised to the defendants a store in the city of Minneapolis, for a term of one year, expiring October 1, 1875, and for a second term of one year, expiring October 1, 1876, at the yearly rent of $525, payable in monthly instalments in advance. The defendants, after the expiration of the second term, continued to •occupy the premises, paying rent therefor as before, until April 1,1877. On April 6,1877, they vacated the premises.

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By indenture of lease the plaintiff demised to the defendants a store in the city of Minneapolis, for a term of one year, expiring October 1, 1875, and for a second term of one year, expiring October 1, 1876, at the yearly rent of $525, payable in monthly instalments in advance. The defendants, after the expiration of the second term, continued to •occupy the premises, paying rent therefor as before, until April 1,1877. On April 6,1877, they vacated the premises. This action was brought in 1878, in the municipal court, for Minneapolis, to recover the unpaid balance of rent for the year ending…

1Opinion of the CourtBerry, J.

This is an appeal from an order denying a motion for a new trial. The motion was made, heard and denied below upon an engrossed case, settled and certified, but not stated to contain all the evidence -received upon the trial. The motion was denied November 12, 1878. On February 19,1879, after the present appeal to this court, the judge who tried the action below made, and caused to bo attached, nunc pro tunc, to the engrossed case, a certificate stating that such case “contains all the evidence offered, and all proceedings had upon the trial.” This certificate was made without notice to the…

2Cases cited2 opinions

  1. Bedford v. . TerhuneNew York Court of Appeals · 1864
  2. Nelson v. ThompsonSupreme Court of Minnesota · 1877

3Cited by8 opinions

  1. Hunter v. FrostSupreme Court of Minnesota · 1891
  2. Stern v. ThayerSupreme Court of Minnesota · 1894
  3. Hildebrandt v. NewellSupreme Court of Minnesota · 1937
  4. Buckingham Apartment House Co. v. DafoeSupreme Court of Minnesota · 1899
  5. Maze v. Minneapolis Willys-Knight Co.Supreme Court of Minnesota · 1931

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