Murray v. Chamberlain
Supreme Court of Minnesota
Appeals by defendants from so much of a judgment of the district court for Kanisey county as adjudged due to plaintiff and provided for payment of an attorney’s fee of $75, and also from an order, Otis, Jr, denying a motion to modify the judgment.
1Opinion of the CourtBuck, J.
In the trial court the defendants moved to modify the judgment by striking out the provision directing payment of an at*13torney’s fee, upon the ground that the same was not authorized by the pleadings or findings of the court. The judgment was entered in an action to foreclose a mortgage. The complaint alleged, the answer admitted, and the court found, that the mortgage foreclosed by this action contained a provision that in case of foreclosure the mortgagee might retain out of the moneys arising from sale, not only the principal and interest due on the note, with all costs and charges, but…
2Cited by1 opinion
- Kingsley v. AndersonSupreme Court of Minnesota · 1908