Legal Opinion

Coolbaugh v. Roemer

Supreme Court of Minnesota

Decided November 29, 1884PublishedCited by 16 opinions

Ejectment for a parcel of land in Minneapolis, consisting of contiguous parts of lots 4 and 5, in block 55, and being in area less than either lot.

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Ejectment for a parcel of land in Minneapolis, consisting of contiguous parts of lots 4 and 5, in block 55, and being in area less than either lot. After the decision of the former appeal (30 Minn. 424) the defendant amended her answer, the amended answer being, in substance, as follows: That on June 23, 1875, one Matilda Smith was owner in fee of the premises and on that day executed to defendant a bond for a deed thereof, and on the same day the bond was recorded, and defendant went into possession under it, and has ever since been in possession. That on August 28, 1879, Smith conveyed in…

1Opinion of the Court

Dickinson, J.1

1. The fact relied upon by the appellant as a ground for reversal, that she was'deprived of the right of a jury trial, is not so presented as to authorize us to consider it. There is no case or bill of exceptions. The fact alleged only appears by a statement of the court incorporated in its findings of fact. A fact occurring at the trial, and not matter of record, cannot be so authenticated. Bazille v. Ullman, 2 Minn. 110, (134;) Dartnell v. Davidson, 16 Minn. 447, (530;) Stewart v. Cooley, 23 Minn. 347; Stone v. Johnson, 30 Minn. 16. The last proviso of Gen. St. 1878, e. 66, §…

2Cases cited5 opinions

  1. Stewart v. CooleySupreme Court of Minnesota · 1877
  2. Wells v. StrangeSupreme Court of Georgia · 1848
  3. Mixer v. SibleyIllinois Supreme Court · 1869
  4. Davidson v. LampreySupreme Court of Minnesota · 1871
  5. Stone v. JohnsonSupreme Court of Minnesota · 1882

3Cited by16 opinions

  1. Knappen v. FreemanSupreme Court of Minnesota · 1891
  2. Farnham v. ThompsonSupreme Court of Minnesota · 1885
  3. Power v. LarabeeNorth Dakota Supreme Court · 1894
  4. Stevens v. ElliottSupreme Court of Oklahoma · 1911
  5. Smith v. Great Northern Railway Co.Supreme Court of Minnesota · 1916

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