Atkinson v. Nash
Supreme Court of Minnesota
Appeal by plaintiff, A. Q, Atkinson, from an order of the District Court of Hennepin County, Robert D. Rvssell, J., made September 19, 1893, granting the motion of the defendant M. W. Nash for a new trial. In 1890, the defendant, M. W. Nash employed plaintiff to sell at $600 per front foot, a lot of forty feet front being a part of lot 5 in block 24 in the original town of Minneapolis.
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Appeal by plaintiff, A. Q, Atkinson, from an order of the District Court of Hennepin County, Robert D. Rvssell, J., made September 19, 1893, granting the motion of the defendant M. W. Nash for a new trial. In 1890, the defendant, M. W. Nash employed plaintiff to sell at $600 per front foot, a lot of forty feet front being a part of lot 5 in block 24 in the original town of Minneapolis. Plaintiff sold it to James McMillan and brought this action to recover a reasonable commission for his services. On April 21, 1893, plaintiff’s attorney gave notice that the deposition of John Schurch residing…
1Opinion of the CourtCollins, J.
The only question to be considered in this case arises b¿ reason of a ruling upon the trial below, whereby the court allowed to be read in evidence the deposition of one of plaintiff’s witnesses, and then, believing that error had been committed, ruled that the verdict should be set. aside, and defendant’s motion for a new trial granted. The deposition was taken before a notary public in the city and county in which the witness resided, this appearing in the deposition itself, and in which the action was pending, upon notice to the adverse party, pursuant to the provisions of 1878 G-. S. ch.…
2Cases cited1 opinion
- Renton, Holmes, & Co. v. MonnierCalifornia Supreme Court · 1888
3Cited by5 opinions
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- State ex rel. Phillips v. ElliottSupreme Court of Minnesota · 1899
- Davison v. SherburneSupreme Court of Minnesota · 1894
- Juster v. GrossmanSupreme Court of Minnesota · 1949
- Schlag v. Gooding-Coxe Co.Supreme Court of Minnesota · 1906