Morton v. Urquhart
Supreme Court of Minnesota
Action in the district court for Hennepin county praying that a certain judgment in favor of defendant and'against'plaintiff be offset against a judgment against defendant held by plaintiff, that plaintiff’s judgment be satisfied pro tanto, and that defendant be restrained from enforcing Ms judgment. James D. Shearer, who claimed under an assignment from defendant of his judgment, was made a party defendant.
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Action in the district court for Hennepin county praying that a certain judgment in favor of defendant and'against'plaintiff be offset against a judgment against defendant held by plaintiff, that plaintiff’s judgment be satisfied pro tanto, and that defendant be restrained from enforcing Ms judgment. James D. Shearer, who claimed under an assignment from defendant of his judgment, was made a party defendant. The case was tried before McGee, J., who found in favor of defendant Shearer. From an order denying a motion for a new trial, plaintiff appealed. The court had power to offset the…
1Opinion of the CourtLewis, J.
1. The plaintiff brought this action against the defendant TJrquhart for'the purpose of procuring an offset of mutual judgments. *394Defendant’s attorney, Shearer, was made a party defendant on the trial, claiming to have taken an assignment from defendant of his judgment against plaintiff prior to the commencement of this action. The trial below resulted in an order for judgment for Shearer. Plaintiff appeals from an order denying a new trial.
The here conceded facts are as follows: In May, 1899, defendant began an action against plaintiff in the municipal court of Minneapolis, which finally…
2Cited by5 opinions
- Barnes v. VerrySupreme Court of Minnesota · 1923
- Wildung v. Security Mortgage Co. of AmericaSupreme Court of Minnesota · 1919
- LaFleur v. SchiffSupreme Court of Minnesota · 1953
- Martin County National Bank v. BirdSupreme Court of Minnesota · 1904
- Exsted v. OttoSupreme Court of Minnesota · 1939