Kroning v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $25,300 for personal injuries. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $5,750. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
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Action in the district court for Ramsey county to recover $25,300 for personal injuries. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $5,750. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. Thereafter defendant moved to remand the case to the district court for the purpose of amending and renewing its motion for a new trial on the further ground of newly discovered evidence arising subsequently to the filing •of the return upon its appeal.
1Opinion of the CourtStart, C. J.
Motion to remand the case and return herein to the district court to enable the appellant to amend and renew its motion for a new trial on the ground of newly discovered evidence arising since the filing of the return in this court.
The first question to be considered is whether this court can legally remand the case for the purpose stated. It is well settled that this court *129may remand a case and the return to the trial court, with leave to the party asking for the remand to apply to that court to correct the record in accordance with the facts or to procure an amendment of the record. Phœnix…
2Cases cited4 opinions
- State v. LeftwichSupreme Court of Minnesota · 1889
- County of Brown v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1888
- Chesley v. Mississippi & Rum River Room Co.Supreme Court of Minnesota · 1888
- Fox v. StevensSupreme Court of Minnesota · 1868
3Cited by11 opinions
- Stolp v. ScrimshawSupreme Court of Minnesota · 1974
- Appeal of O'RourkeSupreme Court of Minnesota · 1974
- Ginsberg v. WilliamsSupreme Court of Minnesota · 1965
- Jensen v. Elgin, Joliet & Eastern Railway Co.Appellate Court of Illinois · 1958
- Poupore v. Stone-Ordean-Wells Co.Supreme Court of Minnesota · 1916
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