Herrick v. Butler
Supreme Court of Minnesota
Action to quiet title, brought in the district court for Morrison county. Defendant Butler answered and the action was referred to a referee for trial.
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Action to quiet title, brought in the district court for Morrison county. Defendant Butler answered and the action was referred to a referee for trial. Subsequently tlie parties entered into a stipulation dismissing the action, which was in the following -words: “It is hereby stipulated and agreed by and between the parties to the above-entitled action, that the same be and hereby is dismissed, the defendants to neither receive or pay the costs or disbursements therein; that judgment may be entered in said action in accordance with this stipulation, without further notice to or by either…
1Opinion of the Court
.Vanderburgh, J.*
Judgment dismissing the action and for costs against the plaintiff, taxed without notice, was entered August 31, 1880. Plaintiff afterwards moved the court to set aside the judgment for irregularity, on the ground of defects in the record and judgment-roll, and because costs were irregularly taxed. The court, however, had jurisdiction, and the action appears to have been dismissed upon the trial by the referee, in pursuance of a stipulation of the parties. This stipulation was, however, for judgment of dismissal without costs and without notice. The court granted jalaintiff’s…
2Cases cited4 opinions
- Thompson v. MyrickSupreme Court of Minnesota · 1877
- In re the Probate of the Last Will & Testament of PennimanSupreme Court of Minnesota · 1873
- Bennett v. MurtaughSupreme Court of Minnesota · 1873
- Felber v. Southern Minnesota Railway Co.Supreme Court of Minnesota · 1881
3Cited by5 opinions
- McConnell v. DaySupreme Court of Arkansas · 1896
- Kent v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Bogart v. KieneSupreme Court of Minnesota · 1902
- Nye v. SwanSupreme Court of Minnesota · 1889
- Whitney v. WelnitzSupreme Court of Minnesota · 1922