First State Bank v. C. E. Stevens Land Co.
Supreme Court of Minnesota
Action in the district court for Cottonwood county against the C. E. Stevens Land Company and the Title Guaranty & Trust Company, to recover $3,264.79 upon a bond. The facts are stated in the opinion.
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Action in the district court for Cottonwood county against the C. E. Stevens Land Company and the Title Guaranty & Trust Company, to recover $3,264.79 upon a bond. The facts are stated in the opinion. The amended complaint, among other matters, alleged that through mistake in drafting the bond and in the execution thereof, in each of the places where the date of the bond and execution thereof appeared, the word “November” was used instead of the word “December;”" that the instrument was in fact executed December 3, 1904; that the agreement entered into before the delivery of the bond and in…
1Opinion of the CourtHolt, J.
The action is to recover on an appeal bond. Judgment was rendered for the defendant, the surety, and plaintiff appeals therefrom.
Plaintiff’s assignor, one J. C. Hiebert, in an action pending in the district court against C. E. Stevens Land Company, was successful,'and findings directing judgment to be entered in his favor for $5,050 were duly made and fthed September 22, 1904. A stay of proceedings for twenty days was granted the next day, but none other. A motion for a new trial was denied November 26, and December 5, 1904, a notice of appeal was served. On that day the attorney for the Land…
2Cases cited18 opinions
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Mix v. PeopleIllinois Supreme Court · 1877
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- Fiorucci v. C. F. Braun & Co.Superior Court of Delaware · 1961
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