Legal Opinion

Tilleny v. Wolverton

Supreme Court of Minnesota

Decided June 29, 1893PublishedCited by 10 opinions

Appeal by plaintiff, Lydia A. Tilleny, from a judgment of the District Court of Hennepin County, IV m. Lorhren, J., entered November 3, 1892, that she take nothing by this action.

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Appeal by plaintiff, Lydia A. Tilleny, from a judgment of the District Court of Hennepin County, IV m. Lorhren, J., entered November 3, 1892, that she take nothing by this action. On April 30, 1886, plaintiff owned one hundred and twelve and a half acres of land in the southern part of the City of Minneapolis, and had employed the defendants Jacob A. Wolverton and Frank B. Lewis, as her agents to sell one hundred acres of it for her, agreeing to pay them a commission of two and a half per cent. On that day they discovered as possible purchasers thereof, Frank W. Jewett, Henrietta P. Keith,…

1Opinion of the Court

Mitchell, J..This case has already been here twice on former appeals. 46 Minn. 256, (48 N. W. Rep. 908;) 50 Minn. 419, (52 N. W. Rep. 909.)

The last appeal was from an order denying a new trial. After the affirmance of that ord'er by this court, judgment was entered in the court below on the findings, and this appeal is from that judgment.

It is well settled that where, upon an appeal from an order denying a new trial, the order is affirmed, all questions that might have been raised on that appeal are res adjndic.ita, and will not be considered on an appeal from the judgment entered upon the…

2Cases cited8 opinions

  1. Farnham v. ThompsonSupreme Court of Minnesota · 1885
  2. Ames v. RichardsonSupreme Court of Minnesota · 1882
  3. Coolbaugh v. RoemerSupreme Court of Minnesota · 1884
  4. Tilleny v. WolvertonSupreme Court of Minnesota · 1891
  5. Wilson v. RichardsSupreme Court of Minnesota · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Orr v. SuttonSupreme Court of Minnesota · 1914
  2. School District No. 1, Itasca County v. AitonSupreme Court of Minnesota · 1928
  3. Bradley v. NorrisSupreme Court of Minnesota · 1896
  4. Kingsley v. WheelerSupreme Court of Minnesota · 1905
  5. Hibbs v. MarpeSupreme Court of Minnesota · 1901

5 more not listed; retrieve them via the Exa API.

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