Hawley v. Wilkinson
Supreme Court of Minnesota
Appeal by defendant from an order of tbe district court for Goodhue county, refusing a new trial. The case is sufficiently stated in the opinion of the court, except that the action was brought to recover for goods sold and delivered by the plaintiff, to one Little, upon the credit of defendant.
1Opinion of the Court
By the Court.
Berry, J.
This action was originally insti*526tuted before a justice of the peace, by whom judgment’ was rendered for the plaintiff for $45.21. Defendant appealed to the district court, and after a jury was empanneled and sworn, but before any evidence was offered, he moved, upon a claim that the complaint contained a double statement of plaintiff’s alleged cause of action, that plaintiff be compelled to elect upon which statement he would proceed. The court refusing ■ to grant this motion as made, defendant further moved to strike out what he conceived to be the second statement of…
2Cited by8 opinions
- Plummer v. MoldSupreme Court of Minnesota · 1875
- Mellon v. FultonSupreme Court of Oklahoma · 1908
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Manders v. CraftColorado Court of Appeals · 1893
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
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