Courtney v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Two actions in the district court for Wright county, one by Elizabeth Courtney to recover $10,000 for personal injuries, and the other by Henry C. Courtney to recover $4,950 for loss of his wife’s services. They were tried before Giddings, ’J., and a jury, which rendered a verdict in favor of the plaintiffs for $1,400 and $400, respectively. From an order denying a motion for judgment notwithstanding the verdicts or for a new trial, defendant appealed. .
1Opinion of the CourtJaggard, J.
In accordance with the decision of this case on a former appeal (97 Minn. 69, 106 N. W. 90), in which a new trial was granted, a new trial was had in the district court. It appears that no mandate from this court to the trial court was ever sent down. The case, however, was actually tried and a verdict rendered without objection, and in *435this court both counsel, with commendable desire to terminate litigation, agreed that, if it were possible to waive the mandate, it should be waived in this case. It is clear that this may be done. In the case of Benzinger Township Road, 135 Pa. St. 176, 19…
2Cases cited6 opinions
- Gerard v. GateauAppellate Court of Illinois · 1884
- Becker v. BeckerSupreme Court of Iowa · 1878
- State v. KnouseSupreme Court of Iowa · 1871
- Foster v. JordanMississippi Supreme Court · 1877
- Road in Benzinger TownshipSupreme Court of Pennsylvania · 1890
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3Cited by3 opinions
- Wilson v. CaughlinCourt of Appeals of Kentucky · 1920
- Hare & Chase, Inc. v. DuntonCourt of Appeals of Texas · 1928
- Tillman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936