County Commissioners v. Robinson
Supreme Court of Minnesota
This action was commenced in the district court of Hennepin county, and was tried before a jury, who found a verdict for the plaintiff- The defendant made a motion for a new trial, which was denied, and judgment was entered on the verdict. Notice of appeal was given by the defendant from the order denying the motion for a new trial, and from the judgment.
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This action was commenced in the district court of Hennepin county, and was tried before a jury, who found a verdict for the plaintiff- The defendant made a motion for a new trial, which was denied, and judgment was entered on the verdict. Notice of appeal was given by the defendant from the order denying the motion for a new trial, and from the judgment. No separate bond or undertaking was executed by the defendant on the appeal from the order denying the motion for a new trial; and a motion is made in this court to dismiss such appeal upon that ground. The case is sufficiently stated in the…
1Opinion of the Court
*383 By the Court
Berry, J
The attempt to appeal from the order refusing a- new trial in this case, was ineffectual, since no undertaking was entered into as required by section 9, chap. 86, Gen. Stat., as amended by chap. 80, Bows, 1868. In this case, however, the failure to perfect the appeal from such order is of no practical importance, in as much as we are of opinion that there are errors appearing on the record, which may properly be considered upon the appeal which was taken from the judgment, and for which the judgment must be reversed.
This case presents the following state of facts: In…
2Cases cited1 opinion
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
3Cited by7 opinions
- Smith v. HubbardSupreme Court of Minnesota · 1958
- James v. WilderSupreme Court of Minnesota · 1878
- Keiser v. StateIndiana Supreme Court · 1881
- Rauma v. LamontSupreme Court of Minnesota · 1901
- In re WatsonDistrict Court, D. Vermont · 1882
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