Wentworth v. Wentworth
Supreme Court of Minnesota
This was an appeal from an order of the District Court of Washington County, allowing amotion in arrest of judgment. David Wentworth, the Plaintiff below, brought suit against his brother,, the Defendant, for the specific performance of a parol agreement to convey certain lands, under the following circumstances: He alleges that lie had settled upon the land in question, had improved and cultivated it, and had continued to reside thereon up to the time of the commencement of…
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This was an appeal from an order of the District Court of Washington County, allowing amotion in arrest of judgment. David Wentworth, the Plaintiff below, brought suit against his brother,, the Defendant, for the specific performance of a parol agreement to convey certain lands, under the following circumstances: He alleges that lie had settled upon the land in question, had improved and cultivated it, and had continued to reside thereon up to the time of the commencement of the action. That the Defendant had offered toadvance and loan Mm a sum of money sufficient to enter the land at the IT.…
1Opinion of the Court
*282 By the Court.
Flandrau, J.
The questions presented by this case are whether the District Court had power under the Territorial organization, to arrest the entry of a judgment after verdict, and if so, whether that power has been properly exercised in this action.
The power has always been exercised, by the common law Courts in England and this country, as necessarily appurtenant to their control over the causes depending in them, and after verdict where the declaration was insufficient the suit was dismissed altogether; and where the verdict was for the Defendant, where the plea confessed the…
2Cases cited1 opinion
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by19 opinions
- Sanitary Farm Dairies, Inc. v. WolfSupreme Court of Minnesota · 1961
- Propper v. Chicago, Rock Island & Pacific RailroadSupreme Court of Minnesota · 1952
- Swales v. JacksonIndiana Supreme Court · 1890
- State Ex Rel. Peterson v. HoppeSupreme Court of Minnesota · 1935
- Gill v. NewellSupreme Court of Minnesota · 1868
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