Whitaker v. McClung
Supreme Court of Minnesota
This action was brought in the Court of Common Pleas, Ramsey County, to recover the possession of certain leased premises in St. Paul for the non-payment of rent. It was undisputed that the plaintiff was the owner of the real estate leased, and executed a lease of the same to defendant J. W. McOlung, and one Wm.
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This action was brought in the Court of Common Pleas, Ramsey County, to recover the possession of certain leased premises in St. Paul for the non-payment of rent. It was undisputed that the plaintiff was the owner of the real estate leased, and executed a lease of the same to defendant J. W. McOlung, and one Wm. Paist, for a term of years, with certain covenants and stipulations respecting the rent, and the manner of ascertaining the amount thereof, and containing a provision for re-entry, by plaintiff, in case of default in payment; that possession was taken under the lease, and that the…
1Opinion of the Court
By the Court
Beeey, J.
The only point made in support of the appeal taken from the judgment in this case is, that the judgment was entered up without notice to defendants or their attorneys, although the defendants appeared, and this point has been determined adversely to the appellant’s view in Piper vs. Johnson, 12 Minn., 60.
The other appeal is taken from an order denying a second trial, which trial was demanded under Sec. 5, Ch. 75, Gen. *172Stat. as amended by Sec. 2, Ch. 72, page 117, Laws 1867. The section referred to reads as follows: “ Any person against whom a judgment is recovered, in an…
2Cases cited1 opinion
- Piper v. JohnstonSupreme Court of Minnesota · 1866
3Cited by2 opinions
- State ex rel. Kansas City Auditorium Co. v. AllenMissouri Court of Appeals · 1891
- Lamprey v. HenkSupreme Court of Minnesota · 1871