Legal Opinion

Johnson v. Johnson

Supreme Court of Minnesota

Decided April 20, 1894No. 8684PublishedCited by 4 opinions

Appeal by defendant Helen M. Johnson, from a judgment of the Municipal Court of the city of St. Paul, John Twohy, Jr., J., entered December 9, 1893. The plaintiff, Aleck E. Johnson, was married to defendant July 18, 1876, at Lake City, Minnesota. He owned lot three (3) and the west half of lot two (2) in block thirty (30) of Rice & Irvine’s Addition to St. Paul, and he and wife lived in the house thereon up to 1890. It was their homestead.

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Appeal by defendant Helen M. Johnson, from a judgment of the Municipal Court of the city of St. Paul, John Twohy, Jr., J., entered December 9, 1893. The plaintiff, Aleck E. Johnson, was married to defendant July 18, 1876, at Lake City, Minnesota. He owned lot three (3) and the west half of lot two (2) in block thirty (30) of Rice & Irvine’s Addition to St. Paul, and he and wife lived in the house thereon up to 1890. It was their homestead. In that year he removed to Chicago, 111., but his wife and only child, Florence May Johnson, remained in St. Paul and continued to occupy the house. On…

1Opinion of the CourtMitchell, J.

The defendant’s first assignment of error, to wit, that the Municipal Court of St Paul “erred in assuming jurisdiction to try and determine the action,” not being discussed or referred to in the points or argument, must be deemed to have been abandoned.

The judgment of the District Court of Ramsey county, in this state, in the former action between the same parties, was conclusive between them upon all issues, whether principal or subordinate, which were actually tried and directly passed upon, and was not subject to collateral attack, and was decisive, adversely to defendant, of every…

2Cited by4 opinions

  1. Cook v. KittsonSupreme Court of Minnesota · 1897
  2. Benedict v. SmithSouth Dakota Supreme Court · 1897
  3. Rand v. RandSupreme Court of Minnesota · 1907
  4. Taylor v. HessSupreme Court of Minnesota · 1894

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