Legal Opinion

Stapp v. Clyde

Supreme Court of Minnesota

Decided November 17, 1890Published

Action brought in the district court for Hennepin county, by attachment under Gen. St. 1.878, c. 83, to enforce a lien for coal furnished the steamboat Clyde, plying on Lake Minnetonka, in this state. After the decision of a former appeal, (43 Minn. 192,) the action was brought on for trial before Hooker, J. The owner of the steamboat, Howard Trumbull, appeared, but no answer was made.

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Action brought in the district court for Hennepin county, by attachment under Gen. St. 1.878, c. 83, to enforce a lien for coal furnished the steamboat Clyde, plying on Lake Minnetonka, in this state. After the decision of a former appeal, (43 Minn. 192,) the action was brought on for trial before Hooker, J. The owner of the steamboat, Howard Trumbull, appeared, but no answer was made. On the plaintiff’s evidence and the admissions of the parties, the ■court ordered judgment against the steamboat, and it appearing that the steamboat, after seizure under the writ, had been released upon the…

1Opinion of the CourtCollins, J.

1. This case appears for a second time, a former judgment of the court below having- been reversed, and the cause remanded for trial upon the merits. Thereupon a trial was had, resulting in plaintiff’s favor. By means of this appeal, which is from a judgment, the defeated party attempts to obtain the overthrow of the decision heretofore made, which may be found reported in 43 Minn. 192, (45 N. W. Rep. 430,) and the brief on this occasion is almost identical with that used upon the former hearing. In it, appellants’ counsel candidly states that he seeks a reversal of the decision heretofore…

2Cases cited6 opinions

  1. Hayden v. KeithSupreme Court of Minnesota · 1884
  2. State v. EnoSupreme Court of Minnesota · 1863
  3. State v. LessingSupreme Court of Minnesota · 1870
  4. Culver v. BanningSupreme Court of Minnesota · 1872
  5. Stapp v. Steamboat ClydeSupreme Court of Minnesota · 1890

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