Leyde v. Martin
Supreme Court of Minnesota
Appeal by tbe defendants from a judgment of tbe court of common pleas for tbe county of Ramsey, and from an order of tbe court affirming tbe clerk’s taxation of tbe costs. Tbe issues made by tbe pleadings appear in tbe opinion. Tbe action was referred by order made in open court at a general term, upon consent of parties, and entered by tbe clerk in bis minutes, but not signed by the judge.
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Appeal by tbe defendants from a judgment of tbe court of common pleas for tbe county of Ramsey, and from an order of tbe court affirming tbe clerk’s taxation of tbe costs. Tbe issues made by tbe pleadings appear in tbe opinion. Tbe action was referred by order made in open court at a general term, upon consent of parties, and entered by tbe clerk in bis minutes, but not signed by the judge. The action was tried before tbe referee and finally submitted April 20th, 1868. On the 19th November, 1869, tbe referee made and delivered bis report to the attorneys of tbe plaintiff, and on tbe next day…
1Opinion of the Court
*41 By the Court.
McMillan, J.
It appears from the supplemental return in this case, that on the 18th of March, 1868, by consent of the.parties in open court, the action was referred to R. F. Crowell, Esquire, who was appointed sole referee, to hear and determine all the issues therein ; and an order to that effect was entered in, the minutes of the court. The order was a sufficient reference, and the entry thereof in the minutes of the court, is sufficient evidence of the fact, at least in a proceeding-in the same action. It was not necessary that the judge of the court should sign the order. The…
2Cases cited2 opinions
- Piper v. JohnstonSupreme Court of Minnesota · 1866
- Kingsley v. GilmanSupreme Court of Minnesota · 1867
3Cited by7 opinions
- Young v. YoungSupreme Court of Minnesota · 1871
- Big Goose & Beaver Ditch Co. v. MorrowWyoming Supreme Court · 1899
- Gould v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1893
- Hardy v. PuringtonSouth Dakota Supreme Court · 1894
- Perkins v. Roberts CountySouth Dakota Supreme Court · 1911
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