Gibson v. Nelson
Supreme Court of Minnesota
Action in the district court for Cottonwood county to recover $5,000 for an assault and battery. The answer alleged that before the commencement of this action another action had been brought for the same cause; that the former action had been settled and dismissed upon the merits by a stipulation of the parties before the present action was begun.
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Action in the district court for Cottonwood county to recover $5,000 for an assault and battery. The answer alleged that before the commencement of this action another action had been brought for the same cause; that the former action had been settled and dismissed upon the merits by a stipulation of the parties before the present action was begun. The reply admitted the former action and the stipulation dismissing the same and alleged that before the stipulation was made the same was dismissed by plaintiff in person, and also alleged that such stipulation was fraudulently made by defendant…
1Opinion of the Court
Brown, T.
This action was brought to recover damages for an assault and battery alleged to have been wilfully and wrongfully committed upon plaintiff by defendant. A verdict was returned for plaintiff for the sum of $1,875, and defendant appealed from an order denying his motion for a new trial.
The merits of plaintiff’s cause of action are not involved on this appeal, as all questions presented have reference to rulings of the trial court respecting one of the principal defenses interposed. In addition to a general denial of all the allegations of the complaint,, defendant specially pleaded…
2Cases cited26 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Holker v. ParkerSupreme Court of the United States · 1813
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Union Mutual Life Insurance v. BuchananIndiana Supreme Court · 1885
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3Cited by26 opinions
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- Precious v. O'RourkeMassachusetts Supreme Judicial Court · 1930
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