Lawton v. Fiske
Supreme Court of Minnesota
After the decision upon the former appeal reported in 124 Minn. 85, 144 N. W. 455, Luella Herrick Fiske moved to amend the findings of fact and conclusions of law to conform to the decision of the supreme court therein, on the ground that no new trial was ordered by the supreme court and that none was necessary as all questions ■of law and fact were decided by the supreme court adversely to the ■contention of Izzie H. W. Lawton and the administrator of the estate, and…
Read the full summary
After the decision upon the former appeal reported in 124 Minn. 85, 144 N. W. 455, Luella Herrick Fiske moved to amend the findings of fact and conclusions of law to conform to the decision of the supreme court therein, on the ground that no new trial was ordered by the supreme court and that none was necessary as all questions ■of law and fact were decided by the supreme court adversely to the ■contention of Izzie H. W. Lawton and the administrator of the estate, and nothing further needed be done but to make such findings conform to the decision of the supreme court and enter judgment…
1Opinion of the CourtBrown, C. J.
This cause was before the court on a former appeal, 124 Minn. 85, 144 N. W. 455. That was an appeal from a judgment based upon findings of fact and conclusions of law, and there was a reversal of the judgment without specific directions as to further proceedings in the court below. The sole issue on the trial was whether respondent was entitled to share in the estate of Mrs. Herrick as the heir of her mother who was either the adopted daughter of Mrs. Herrick, or was taken into the Herrick family when a child under an agreement of adoption. The trial court found as facts that there was no…
2Cases cited7 opinions
- Fiske v. LawtonSupreme Court of Minnesota · 1913
- Kurtz v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1896
- Dwinnell v. Minneapolis Fire & Marine Mutual InsuranceSupreme Court of Minnesota · 1906
- Backus v. BurkeSupreme Court of Minnesota · 1892
- Babcock v. MurraySupreme Court of Minnesota · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Welling v. WellingIndiana Supreme Court · 1971
- Range Ice Fuel Co. Inc. v. Barnsdall Oil Co.Supreme Court of Minnesota · 1941
- Hunt v. Meeker County Abstract & Loan Co.Supreme Court of Minnesota · 1915
- State ex rel. Peavey v. JelleySupreme Court of Minnesota · 1916
- A. J. Whitman & Co. v. MielkeSupreme Court of Minnesota · 1918