Dawson v. Shillock
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Clay county, Stearns, J., presiding, vacating and setting aside defendants’ demand for a second trial. The acknowledgment of the receipt of the costs of the first trial was in the following words: “Received of Briggs & Elders, defendants’ attorneys in the above-entitled action, the sum of forty and 'seventy-seven one-hundredths dollars, costs therein. W. H. Grant, plaintiff’s attorney.”
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Appeal by defendants from an order of the district court for Clay county, Stearns, J., presiding, vacating and setting aside defendants’ demand for a second trial. The acknowledgment of the receipt of the costs of the first trial was in the following words: “Received of Briggs & Elders, defendants’ attorneys in the above-entitled action, the sum of forty and 'seventy-seven one-hundredths dollars, costs therein. W. H. Grant, plaintiff’s attorney.” The case is stated in the opinion. It is a well-settled principle that a party may waive a statutory provision made for his benefit, no principle of…
1Opinion of the Court
DíoKinson, J.*
Action for the recovery of real property. Plaintiff recovered judgment, and costs were taxed against the defendants at the sum of $48.77. Defendants, by their attorney, for the purpose of securing a second trial, as allowed by the statute, (Gen. St. 1878, c. 75, § 11,) transmitted to the attorney of the plaintiff the sum of $40.77, as the costs taxed, and served a demand for a new trial. The attorney of the defendants had been misled by an indistinctness in the figures made by the clerk of court in footing the items upon the bills of costs, and from inspection of that instrument…
2Cases cited2 opinions
- Jackson ex dem. Bleecker v. WiseburnNew York Supreme Court · 1830
- Davidson v. LampreySupreme Court of Minnesota · 1871
3Cited by5 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- San Bernardino Investment Co. v. MerrillCalifornia Supreme Court · 1895
- United States Fidelity & Guaranty Co. v. RidgleyNebraska Supreme Court · 1903
- In re Judicial Ditch No. 52Supreme Court of Minnesota · 1915
- Allen v. StateCourt of Appeals of Texas · 1884