Dunham v.Byrnes
Supreme Court of Minnesota
One Salsbury having recovered judgment against one William A. Rogers, and execution having been returned unsatisfied, the plaintiff in this action was appointed receiver of the property of Rogers, in proceedings supplementary to the execution, and, as such receiver, brought this action in the district court for Hennepin county, to set aside conveyances of land made by Rogers to the defendants, upon the ground that the same were fraudulent as to creditors and made without…
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One Salsbury having recovered judgment against one William A. Rogers, and execution having been returned unsatisfied, the plaintiff in this action was appointed receiver of the property of Rogers, in proceedings supplementary to the execution, and, as such receiver, brought this action in the district court for Hennepin county, to set aside conveyances of land made by Rogers to the defendants, upon the ground that the same were fraudulent as to creditors and made without consideration. The defendants answered, and when the action was called for trial, and before the introduction of any…
1Opinion of the CourtDickinson, J.
When this cause came on for trial, the court dismissed the same upon the defendants’ motion. Subsequently, upon reconsideration of the case as presented by the pleadings, the court granted a new trial. From this order the defendants appealed. There was no impropriety in the practice. If the court erred in dismissing the action, it was right to grant a new trial. Although no evidence had been introduced, the cause was before the court for trial.. “A verdict, report, or decision may be vacated, and a new trial granted, ” for “irregularity in the proceedings of the court,-jury, referee, or…
2Cases cited5 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Barker v. DaytonWisconsin Supreme Court · 1871
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Bostwick v. . MenckNew York Court of Appeals · 1869
- Hamlin v. WrightWisconsin Supreme Court · 1868
3Cited by8 opinions
- Hine v. MyrickSupreme Court of Minnesota · 1895
- Merrill v. ZimmermanSupreme Court of Minnesota · 1922
- McAllister v. WelkerSupreme Court of Minnesota · 1888
- Browning v. BrowningSupreme Court of Minnesota · 1956
- Dohs v. HolbertSupreme Court of Minnesota · 1908
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