Craver v. Christian
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover damages for personal injuries received by him while engaged in the employment of the defendants in the Crown Eoller Mills at Minneapolis.
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Plaintiff brought this action in the district court for Hennepin county, to recover damages for personal injuries received by him while engaged in the employment of the defendants in the Crown Eoller Mills at Minneapolis. Defendants pleaded, as a bar to the action, that plaintiff had commenced a prior suit upon the same cause of action, which had proceeded to trial, and which, when plaintiff had rested his case, had been dismissed for the reason that plaintiff had failed to substantiate or establish his cause of action or right to recover. (The decision of an appeal in that action is reported…
1Opinion of the CourtBerrv, J.
Our statute (Gen. St. 1878, c. 66, § 262) enacts that an “action may be dismissed, without a final determination of its merits, * * * by the court, when, upon the trial, and before the final submission of the case, * * * the plaintiff fails to substantiate or establish his claim or cause of action or right to recover;” and the following section (263) adds that “in every case other than those mentioned in the last section the judgment shall be rendered on the merits.”
That, to be pleadable in bar, a former adjudication must be a final determination of the merits of the action, is elementary.…
2Cases cited5 opinions
- Sjogren v. HallMichigan Supreme Court · 1884
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Wisconsin v. TorinusSupreme Court of Minnesota · 1881
- Boom v. St. Paul Foundry & Manufacturing Co.Supreme Court of Minnesota · 1885
- Gummer v. Trustees of OmroWisconsin Supreme Court · 1880
3Cited by13 opinions
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
- Andrews v. School-District No. 4Supreme Court of Minnesota · 1886
- Woods v. LindvallCourt of Appeals for the Eighth Circuit · 1891
- Craver v. ChristianSupreme Court of Minnesota · 1887
- Barbo v. BassettSupreme Court of Minnesota · 1886
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