Lamprey v. Henk
Supreme Court of Minnesota
This action was brought in the district court for Carver county, issue was joined, and a trial had which resulted in a verdict for the plaintiff. The defendant made a motion for a new trial, which was granted as follows: “ The plaintiff does not appear to have been guilty of any fault in the premises, and must therefore be indemnified for his expenses.
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This action was brought in the district court for Carver county, issue was joined, and a trial had which resulted in a verdict for the plaintiff. The defendant made a motion for a new trial, which was granted as follows: “ The plaintiff does not appear to have been guilty of any fault in the premises, and must therefore be indemnified for his expenses. The defendant may have a new trial in said cause upon the payment of the plaintiff’s witnesses, and the fees of the clerk of the court * * * and the further sum of ten dollars costs for opposing the motion.” The defendant complied with the…
1Opinion of the Court
By the Court.
Berry, J.
Plaintiff had a verdict in this case, but upon defendant’s motion the same was set aside and a new trial granted, by the district court for Carver county, “ upon payment of the plaintiff’s witnesses, and the fees of the clerk * * * and the further sum of ten dollars for opposing the motion,” the court below being of opinion that the plaintiff was without fault as respected the grounds upon which said motion was granted. It is admitted (though it. does not appear in the paper book) that the defendant complied with the terms of the order, *407and, among other things, paid to…
2Cases cited2 opinions
- Radway v. GrahamNew York Court of Common Pleas · 1857
- Whitaker v. McClungSupreme Court of Minnesota · 1869
3Cited by4 opinions
- Bechtel v. EvansIdaho Supreme Court · 1904
- Parr v. WebbMontana Supreme Court · 1910
- Woodford v. ReynoldsSupreme Court of Minnesota · 1886
- State v. J. P. Sinna & Sons, Inc.Supreme Court of Minnesota · 1965