Galloway v. Yates
Supreme Court of Minnesota
This action was brought iu the District Court of Mower county, upon an undertaking on appeal, executed by the defendants in a certain action in said Court, wherein the above named Albert Galloway was plaintiff, and William Litchfield, Valorus P. Lewis and Franklin D. Lewis were defendants, which recites that a verdict was returned in said action in favor of the plaintiff, and against the defendants therein, for $105.60 ; that the defendants in said action moved to set…
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This action was brought iu the District Court of Mower county, upon an undertaking on appeal, executed by the defendants in a certain action in said Court, wherein the above named Albert Galloway was plaintiff, and William Litchfield, Valorus P. Lewis and Franklin D. Lewis were defendants, which recites that a verdict was returned in said action in favor of the plaintiff, and against the defendants therein, for $105.60 ; that the defendants in said action moved to set aside'the verdict, for a new trial and in arrest of judgment; that thereupon the Court ordered judgment to be entered on said…
1Opinion of the Court
By the Court —
Berry, J.
— We deem it unnecessary to determine the questions of practice raised by the counsel for the appellants. Granting that the answer was sham or frivolous, and that it was entirely proper to disregard it, we think the respondent was not entitled to judgment upon his complaint, for reasons which go to the merits of the case. We infer from the complaint that no judgment had in fact been entered prior to the former appeal, both because the complaint in this action omits to set out the entry of any such judgment, and because none was reversed or set aside by the Supreme…
2Cases cited1 opinion
- Galloway v. LitchfieldSupreme Court of Minnesota · 1863
3Cited by1 opinion
- National Surety Co. v. CommonwealthSupreme Court of Virginia · 1919