Clary v. O'Shea
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Nicollet county, Webber, J., denying a motion for a new trial.
1Opinion of the Court
CANTY, J.1
This is an action of ejectment. On the trial the court ordered a verdict for defendant, and, from an order denying a new trial, plaintiff appeals.
1. Plaintiff offered in evidence a patent from the United States to one “John O’Shea,” and the judgment and judgment roll in an action brought by plaintiff to determine adverse claims to the property in question. The court refused to receive the evidence, and this is assigned as error.
The defendants named in the summons in that action are “John O. Shea and also all other persons or parties unknown,” etc. The only service obtained was by…
2Cases cited3 opinions
- Fuller v. SweetMichigan Supreme Court · 1874
- State ex rel. Ray v. HaldenSupreme Court of Minnesota · 1895
- Peterson v. P. P. Mast & Co.Supreme Court of Minnesota · 1895
3Cited by6 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- Arnold v. SmithSupreme Court of Minnesota · 1913
- State Ex Rel. State Bank v. WeilerNorth Dakota Supreme Court · 1937
- Fairmont Community Hospital Assn. Inc. v. StateSupreme Court of Minnesota · 1945
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