Schuek v. Hagar
Supreme Court of Minnesota
This action was brought in the district court for Goodhue county, to recover damages for divers assaults alleged to have been made upon the infant plaintiff. The action was brought by a guardian ad litem, and tried by Crosby, T., and a jury. At the close of the trial the defendant requested the court to instruct the jury to find a verdict for the defendant, for the reason that the plaintiff had failed to establish the issue upon his part by the evidence given in said action.
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This action was brought in the district court for Goodhue county, to recover damages for divers assaults alleged to have been made upon the infant plaintiff. The action was brought by a guardian ad litem, and tried by Crosby, T., and a jury. At the close of the trial the defendant requested the court to instruct the jury to find a verdict for the defendant, for the reason that the plaintiff had failed to establish the issue upon his part by the evidence given in said action. The court declined so to charge, and defendant excepted. The jury rendered a verdict for plaintiff and assessed her…
1Opinion of the CourtBerrt, J.
1. The plaintiff moves to dismiss the appeal upon two grounds. The first is that the appeal bond is insufficient, because executed by two practicing attorneys as sureties, in disregard of the fourth district court rule.
The defendant contends that, as the statute does not prohibit an attorney to become a surety, this rule is in derogation of the statute and therefore void. The statute is silent as to who shall and who shall not be a competent surety. But attorneys at law are officers of the court, which is therefore necessarily invested with general authority to control and protect them, so…
2Cases cited3 opinions
- State v. McCarteySupreme Court of Minnesota · 1871
- Schwerin v. De GraffSupreme Court of Minnesota · 1875
- Miller v. LambSupreme Court of Minnesota · 1875
3Cited by21 opinions
- Leahman v. BroughtonCourt of Appeals of Kentucky · 1922
- Noonan v. SpearSupreme Court of Minnesota · 1914
- Eckart v. KielSupreme Court of Minnesota · 1913
- Hein v. HoldridgeSupreme Court of Minnesota · 1900
- O'Donnell v. City of ButteMontana Supreme Court · 1911
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