Hulett v. Matteson
Supreme Court of Minnesota
This action was commenced in the District Court for Eice county ; during the progress of the trial the defendant offered certain testimony to establish a second and third defense set up in his answer; the plaintiff objected to its reception, and his objections were sustained by the court. The defendant then moved that he be allowed to introduce testimony to prove the allegations in said second and third defense; the motion was denied by the court, and the defendant excepted.
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This action was commenced in the District Court for Eice county ; during the progress of the trial the defendant offered certain testimony to establish a second and third defense set up in his answer; the plaintiff objected to its reception, and his objections were sustained by the court. The defendant then moved that he be allowed to introduce testimony to prove the allegations in said second and third defense; the motion was denied by the court, and the defendant excepted. The defendant then gave notice of appeal from such ruling or order, and filed the bond required by Section 10, chap. 86…
1Opinion of the Court
By the Court
Wilson, Oh. J.
In the course of the trial of this canse in the court below, the defendant offered evidence to establish the second and third defense in his answer, which was excluded by the court; he thereupon gave notice of an appeal from such ruling or order, and filed his bond as required by law to perfect an appeal, and insisted that such appeal stayed all further proceedings in the case, in that court, during its pendency.
The court, notwithstanding, proceeded with the trial, and a verdict and judgment were rendered for the plaintiff. The defendant made a motion for a new…
2Cited by1 opinion
- Kennelly v. Northern Pacific Railway Co.North Dakota Supreme Court · 1918