Schmitt v. Schmitt
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Scott county, Macdonald, J., presiding, vacating and setting aside the defendant’s demand for “another trial of that part or branch of said action wherein the title and right of possession to the lands described in the complaint in said action are involved.” A former appeal in this action is reported 31 Minn. 106.
1Opinion of the Court
Gilfillan, C. J.1
After judgment against defendant in the court below, he, within six months, demanded, under Gen. St. 1878, c. 75, *131§ 11, another trial of “that part or branch of said action wherein the title and right of possession to the lands described in the complaint in said action are involved.” On plaintiff’s motion the court below set the demand aside, on the ground that the action is not one in which a defeated party has a right to a second trial under the statute. From the order setting it aside this appeal is taken.
The action was primarily for a divorce. The complaint, after…
2Cases cited3 opinions
- Ferguson v. KumlerSupreme Court of Minnesota · 1878
- Buerfening v. BuerfentngSupreme Court of Minnesota · 1877
- Somerville v. DonaldsonSupreme Court of Minnesota · 1879
3Cited by8 opinions
- Rhein v. RheinSupreme Court of Minnesota · 1955
- Sammons v. PikeSupreme Court of Minnesota · 1908
- Gahre v. BerrySupreme Court of Minnesota · 1900
- Knight v. ValentineSupreme Court of Minnesota · 1886
- Gray Cloud Land Co. v. Security Trust Co.Supreme Court of Minnesota · 1904
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