Englebrecht v. Rickert
Supreme Court of Minnesota
The plaintiffs brought suit in the District Court for Kam-sey County, as mechanics and material men to enforce their lien under the statute, for work done and material furnished in building a house for defendant. Issue was joined and the cause tried before a referee, who found for the plaintiffs. The defendant made a motion to set aside the report of the referee, and for a new trial, which was denied, and judgment entered on the report.
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The plaintiffs brought suit in the District Court for Kam-sey County, as mechanics and material men to enforce their lien under the statute, for work done and material furnished in building a house for defendant. Issue was joined and the cause tried before a referee, who found for the plaintiffs. The defendant made a motion to set aside the report of the referee, and for a new trial, which was denied, and judgment entered on the report. The defendant appeals from this judgment. The defendant on the trial was allowed to amend his answer so as to allege that the premises against which the lien…
1Opinion of the Court
By the Court.
WilsoN, Ch. J.
The defendant as a ground of reversal interposes two objections to the proceedings below: 1. That the report of the referee is not sufficiently specific. 2. That “ the allegation in the answer that the premises described in the complaint were a homestead should have been denied by the plaintiffs, as it constitutes a counter-claim.” The second objection is untenable as a legal proposition. The allegation referred to is not in the nature of a counter-claim. Chap 66, Sec. 80, Gen. Stat.
The first objection, even if true, comes too late. The remedy of the aggrieved party…
2Cases cited1 opinion
- Califf v. HillhouseSupreme Court of Minnesota · 1859