Legal Opinion

Rossman v. Moffett

Supreme Court of Minnesota

Decided January 17, 1899No. Nos. 11,461—(217)PublishedCited by 3 opinions

Action in the district court for Hennepin county by the receiver of the Fred B. George Stationery Company, an insolvent corporation, to recover $1,000 upon promissory notes. At the trial the proceedings mentioned in the opinion were had. From an order, Elliott, J., denying a motion for a new trial, plaintiff appealed.

1Opinion of the CourtCollins, J.

From the record before us in this action it appears that when the testimony was all in and the arguments of counsel had been made to the jury, April 26, 1898, the court, the late Hon. Seagrave Smith presiding, adjourned until the next day. Sickness prevented Judge Smith from resuming the trial on the following day, and he never returned to his judicial duties. Another judge of the same judicial district excused the jury several times thereafter, ordering them each time to be present on a day certain.

On May 4, the jury being present as ordered, the judge last mentioned read to the jury, from…

2Cited by3 opinions

  1. State v. PiersonCourt of Appeals of Minnesota · 1985
  2. In Re Estate of ShellSupreme Court of Minnesota · 1925
  3. Clement v. AhlfSupreme Court of Minnesota · 1925

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