O'Riley v. Clampet
Supreme Court of Minnesota
Appeal by defendant, Albert B. Clampet, from an order of the Municipal Court of the City of Minneapolis, C. B. Elliott, J., made January 17, 1892, denying his motion for a new trial. The plaintiff, Thomas B. O’Riley, brought this action to recover of defendant $337, for excavating a cellar on lots seven (7) and eight (8) in block four (4) in Stillman’s Addition to Minneapolis.
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Appeal by defendant, Albert B. Clampet, from an order of the Municipal Court of the City of Minneapolis, C. B. Elliott, J., made January 17, 1892, denying his motion for a new trial. The plaintiff, Thomas B. O’Riley, brought this action to recover of defendant $337, for excavating a cellar on lots seven (7) and eight (8) in block four (4) in Stillman’s Addition to Minneapolis. Defendant owned the lots, and on November 1, 1890, conveyed them to Maurice A. Jones, for $5,000, and took back a mortgage the same day for the entire purchase price. On January 3,1891, the deed and mortgage were…
1Opinion of the CourtGilfillan, C. J.
When the defendant, on cross-examination of plaintiff, a witness in his own behalf, asked him, “If you were not working for Jones, and didn’t consider Jones to owe you anything, why did you make Exhibit 3, and therein swear that you did the work for Jones, and that Jones owed you thereon $337?” the paper, though plaintiff had, on its being shown him, testified that he subscribed and swore to it, had not been introduced nor offered in evidence, nor did defendant then offer it, nor state that he intended to offer it, and the question was properly excluded. If a party desires to show the…
2Cases cited1 opinion
- Moriarty v. Home InsuranceSupreme Court of Minnesota · 1893
3Cited by7 opinions
- McDonald v. CampbellSupreme Court of Minnesota · 1905
- Horton v. EmersonNorth Dakota Supreme Court · 1915
- Union National Bank of Minot v. Western Building Co.North Dakota Supreme Court · 1919
- St. Louis, Iron Mountain & Southern Railway Co. v. FaisstSupreme Court of Arkansas · 1900
- Minneapolis Police Officers Federation v. City of MinneapolisCourt of Appeals of Minnesota · 1992
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