Fowler v. Atkinson
Supreme Court of Minnesota
APBEAL EROM THE DISTRICT COURT OS WASHINGTON COUNTT. Points and authorities of Respondent. The granting or refusal to grant the amendment oifered was a matter of discretion, and is not subject to review. Smith vs. Babeoelc, 3 Sumner, 410; 3 Oode Reporter, 85; Roth vs. Sloss, 6 Ba/rb. [308; 3 Sme. c& M. 409; Tanner vs. Hides, 4 II. 294, 353; Oomp. Stat.,p. 618, see. 127; Willards Equity, 63; I/yon vs. Richmond, 2 John. Oh. R. 51; Stows vs. Balcer, 6 John. Oh.
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APBEAL EROM THE DISTRICT COURT OS WASHINGTON COUNTT. Points and authorities of Respondent. The granting or refusal to grant the amendment oifered was a matter of discretion, and is not subject to review. Smith vs. Babeoelc, 3 Sumner, 410; 3 Oode Reporter, 85; Roth vs. Sloss, 6 Ba/rb. [308; 3 Sme. c& M. 409; Tanner vs. Hides, 4 II. 294, 353; Oomp. Stat.,p. 618, see. 127; Willards Equity, 63; I/yon vs. Richmond, 2 John. Oh. R. 51; Stows vs. Balcer, 6 John. Oh. R. 169; 9 Barb. 532; 10 Barb. 9, 16; 18 Wend. 417.
1Opinion of the Court
By the Court
Emmett, O. J.
This action was commenced before a Justice of the Peace. The Plaintiff declared for the balance due upon a promissory note signed by the Defendants. The Defendants answered that they were trustees of a certain school district. That the Plaintiff, having voluntarily advanced moneys to build or finish a school house for said district,'’they, as such trustees, gave the note in question to the Plaintiff merely as evidence of the sum due him from the district for such advances, and that they signed said note in their official capacity only and with the distinct…
2Cited by4 opinions
- Caldwell v. BruggermanSupreme Court of Minnesota · 1863
- White v. CulverSupreme Court of Minnesota · 1865
- Fowler v. AtkinsonSupreme Court of Minnesota · 1861
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