Cruzen v. Merchants State Bank
Supreme Court of Minnesota
Motion in this court to dismiss an appeal taken by defendant from a judgment entered in the district court for Red Lake county in favor of plaintiff, before a prior appeal from the same judgment had been dismissed in this court. The facts are stated in the opinion.
1Opinion of the Court
.PER CURIAM.
On May. 4, 1909, judgment was entered in the district court of the county of Eed Lake against the appellant herein, and it appealed therefrom to this court on May 6, 1909. On November 8, 1909, it served notice on the respondent that it dismissed its appeal, and filed the notice, .with proof of service, with the clerk of the district court, and on the same day attempted to appeal again from the judgment by serving a notice of appeal therefrom. On November .8, 1909, the original appeal was dismissed, under rule 4 of this court, for appellant’s failure to cause the proper return to…
2Cases cited1 opinion
- Merrill v. DearingSupreme Court of Minnesota · 1877
3Cited by4 opinions
- In Re Estate of HoreSupreme Court of Minnesota · 1945
- Mitchell v. BazilleSupreme Court of Minnesota · 1944
- Flores Irizarry v. Corte de Distrito de MayagüezSupreme Court of Puerto Rico · 1935
- Flores Irizarry v. District Court of MayagüezSupreme Court of Puerto Rico · 1935