Davis v. Smith
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE OLMSTED COUNTV. I. — The Court erred in submitting tbe whole case to the jury. • Only the doubtful questions of fact in the case should have been submitted to them, and a special verdict should have been taken. It is as much against the policy of the law for juries to sit as chancellors now, as it was under the old equity practice. They are no better or safer judges of the law now than they were then..
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APPEAL EROM THE DISTRICT COURT OE OLMSTED COUNTV. I. — The Court erred in submitting tbe whole case to the jury. • Only the doubtful questions of fact in the case should have been submitted to them, and a special verdict should have been taken. It is as much against the policy of the law for juries to sit as chancellors now, as it was under the old equity practice. They are no better or safer judges of the law now than they were then.. Comp. 8tat. 557, seos. 6, 7; id. 561, secs. 34, 35; Sow. S. Y. Code, seo. 254 and the cases th&re cited. II. — Taking the Defendant’s own statement of his…
1Opinion of the Court
By the Court
Atwater, J.
The Plaintiffs brought their action to foreclose a mpitgage upon real estate, which was executed by Smith, the Defendant, to secure the payment of a promissory note for the sum of $500. The Defendant by his answer, admitted the execution of the note and mortgage, but alleged that the consideration of the note was the sale to him by Plaintiffs of certain personal property, Consisting of horses, harness, wagon, &c., of which the Plaintiffs were in possession, and claimed to be owners at the time of the sale. That after such sale, one Adaline Annis replevied the property…
2Cases cited3 opinions
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Ketchum v. . Bank of CommerceNew York Court of Appeals · 1859
- Dresser v. AinsworthNew York Supreme Court · 1850
3Cited by7 opinions
- First National Bank of Mankato v. WilsonSupreme Court of Minnesota · 1951
- Ferguson v. KumlerSupreme Court of Minnesota · 1880
- In Re CochraneUnited States Bankruptcy Court, D. Minnesota · 1995
- Quehl v. PetersonSupreme Court of Minnesota · 1891
- Spencer v. TozerSupreme Court of Minnesota · 1870
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