Althen v. Tarbox
Supreme Court of Minnesota
Appeal by defendants Eve Tarbox and J. B. Tarbox from an order of the district court of Ramsey county, Cornish, J., made January 20, 1891, refusing a new trial. Defendant Eve Tarbox was the wife of J. B. Tarbox, and owned an undivided one-third interest in a lot in Florence addition to St. Paul. On April 2, 1890, she made a contract in writing under seal with Peter Olson, whereby she agreed to sell and convey the lot to him, and he agreed to build a house on it.
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Appeal by defendants Eve Tarbox and J. B. Tarbox from an order of the district court of Ramsey county, Cornish, J., made January 20, 1891, refusing a new trial. Defendant Eve Tarbox was the wife of J. B. Tarbox, and owned an undivided one-third interest in a lot in Florence addition to St. Paul. On April 2, 1890, she made a contract in writing under seal with Peter Olson, whereby she agreed to sell and convey the lot to him, and he agreed to build a house on it. Her husband did not join in or execute the contract. Olson took possession, and employed plaintiff to dig the cellar and build the…
1Opinion of the Court
Per Curiam,
(the Chiee Justice taking no part.) Plaintiff herein sought to establish and enforce a mechanic’s lien. By their answer defendants asserted the invalidity of the alleged lien, demanded that it be declared void, and that the same be canceled. On the trial the court dismissed the action upon plaintiff’s application. Treating *3the order of dismissal as effectual, defendants moved for a new trial, and from an order denying the motion they appeal.. The right to dismiss upon the trial was clearly within the discretion of the court, and the record fails to show that there was any abuse of…
2Cited by5 opinions
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- Pett-Morgan v. KennedySupreme Court of Minnesota · 1895
- Erickson v. Northern Minnesota National Bank of DuluthSupreme Court of Minnesota · 1951
- Hutchings v. Royal BakeryOregon Supreme Court · 1911
- Wallinder v. WeissSupreme Court of Minnesota · 1912