Van Brunt & Wilkins Manufacturing Co. v. Kinney
Supreme Court of Minnesota
Appeal by plaintiff, the Van Brunt & Wilkins Manufacturing Company, from a judgment of the District Court Of-Otter Tail County, Baxter, J., entered April 16, 1892, against it for $152.91 on defendant’s counterclaim. The issues were tried November 11, 1891. There was a verdict for defendant for $331.47. The plaintiff on December 29, 1891, moved on the minutes of the court, for a new trial.
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Appeal by plaintiff, the Van Brunt & Wilkins Manufacturing Company, from a judgment of the District Court Of-Otter Tail County, Baxter, J., entered April 16, 1892, against it for $152.91 on defendant’s counterclaim. The issues were tried November 11, 1891. There was a verdict for defendant for $331.47. The plaintiff on December 29, 1891, moved on the minutes of the court, for a new trial. The court on February 6, 1892, granted the motion unless defendant should, within twenty days, remit all over $152.91. The defendant so remitted on February 10, 1892. Defendant taxed his costs and entered…
1Opinion of the CourtCollins, J.
The defendant’s (respondent’s) motion to strike the “settled case” from the record herein must be granted. November 10, 1890, a verdict was rendered in his favor for about $300. Plaintiff’s counsel then moved on the minutes of the court to set aside the verdict, and for a new trial. February 6, 1891, this motion was ■denied, provided defendant should within twenty days file written consent to a reduction of the verdict in a stated amount. This written consent was filed four days later, and no appeal was taken from the order. April 16th judgment was entered upon the verdict as reduced, and May…
2Cited by10 opinions
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- Loveland v. CooleySupreme Court of Minnesota · 1894
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