Legal Opinion

Deering v. Johnson

Supreme Court of Minnesota

Decided January 15, 1885PublishedCited by 9 opinions

Appeal by plaintiff from an order of the district court for Murray county, iSeverance, J., presiding, refusing a new trial.

1Opinion of the CourtVanderburgh, J.

The appeal in this case is from an order denying a new trial, made upon the settled case and upon affidavits, on the ground of newly-discovered evidence. It must be disposed of on the point made by the defendant, that the application for a new trial in the district court, made after the time to appeal from the judgment, and more than one year after the entry thereof, waB too late.

The judgment was entered on the 26th day of January, 1883, and the motion for a new trial was made on the 25th of February, 1884. The fact that the defendant accepted and agreed to the proposed case after the time to…

2Cases cited2 opinions

  1. Day v. Putnam InsuranceSupreme Court of Minnesota · 1871
  2. Kimball v. PalmerleeSupreme Court of Minnesota · 1882

3Cited by9 opinions

  1. Grove v. MorrisNorth Dakota Supreme Court · 1915
  2. Harcum v. BensonSupreme Court of Minnesota · 1916
  3. Richardson v. RogersSupreme Court of Minnesota · 1887
  4. Smith v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1916
  5. Brunnabend v. TibblesMontana Supreme Court · 1926

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