Legal Opinion

Stocking v. Hanson

Supreme Court of Minnesota

Decided May 26, 1886PublishedCited by 7 opinions

The first of these actions was brought in the district court for Hen-nepin county, in April, 1871, by Cornell & Bradley as attorneys for plaintiff, against Wm. Hanson and Bandall W. Hanson, to recover possession of lots 9 and 10, in block 129, in Minneapolis.

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The first of these actions was brought in the district court for Hen-nepin county, in April, 1871, by Cornell & Bradley as attorneys for plaintiff, against Wm. Hanson and Bandall W. Hanson, to recover possession of lots 9 and 10, in block 129, in Minneapolis. The defendants answered, the action was tried July 3, 1871, a decision in favor of defendants was made and filed February 19, 1873, judgment thereon was entered February 24, 1873, and notice of the entry of judgment was served on Cornell & Bradley, on March 1, 1873. The plaintiff, De Lafayette Stocking, died testate January 6, 1872. By…

1Opinion of the CourtGilfillan, C. J.

These two cases depend upon precisely the same question, to wit, the authority of the attorney who, in the first, assumed to act for the executors and devisees of the original plaintiff, in procuring them to be substituted as plaintiffs after his death, and his authority to appear for, and give the court jurisdiction over them in the second, in which they were made defendants. Each of the executors and devisees, by affidavit, denies having given any such *211authority, or having communicated in any way with or known said attorney, or having known or heard of such actions, or either of them, until…

2Cited by7 opinions

  1. Bausman v. KelleySupreme Court of Minnesota · 1888
  2. McEachern v. BrackettWashington Supreme Court · 1894
  3. Magin v. LambSupreme Court of Minnesota · 1890
  4. Wright v. KrabbenhoftSupreme Court of Minnesota · 1908
  5. Zandstra v. ZandstraAppellate Court of Illinois · 1922

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