Legal Opinion

Linne v. Stout

Supreme Court of Minnesota

Decided July 17, 1890PublishedCited by 3 opinions

Action brought in the district court for Kamsey county, to enforce a lien for material furnished defendant Meckelson for use and used in the construction of a row of houses which he was building for defendant Stout, the owner of the property, under a contract with him. The defendants Stout and Clark, separately answering, pleaded a former judgment in their favor, a copy of the judgment-roll in the former action being annexed to their answers.

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Action brought in the district court for Kamsey county, to enforce a lien for material furnished defendant Meckelson for use and used in the construction of a row of houses which he was building for defendant Stout, the owner of the property, under a contract with him. The defendants Stout and Clark, separately answering, pleaded a former judgment in their favor, a copy of the judgment-roll in the former action being annexed to their answers. In their reply the plaintiffs admitted the judgment and proceedings in the former action, but denied that the causes of action in the two suits were the…

1Opinion of the CourtMitchell, J.

All of defendants’ assignments of error rest entirely upon the assumption that it appeared from the pleadings that a judgment on the merits had 'been rendered in a former suit between the same parties for the same cause of action. That this assumption is erroneous is apparent from an inspection of the pleadings, because (1) the reply puts in issue the allegation of the answer that the former suit was for the same cause of action; (2) the judgment-roll, which is set out in the answer, shows affirmatively that, although both suits may have related to the same transaction or subject-matter, yet…

2Cited by3 opinions

  1. Rossman v. TillenySupreme Court of Minnesota · 1900
  2. Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1907
  3. Coyle v. DueNorth Dakota Supreme Court · 1914

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