Riley v. Mitchell
Supreme Court of Minnesota
The plaintiff, Jane Eiley, presented to the probate court for Stearns county a claim of $885 against the estate of defendant’s intestate, Anthony Fawcett, “for services as nurse bestowed at the special instance and request of said Anthony Fawcett, deceased, in waiting upon, caring for, watching with, and attending deceased. ” The claim was contested and disallowed, and the claimant appealed upon questions of law and fact to the district court for the same county, where the…
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The plaintiff, Jane Eiley, presented to the probate court for Stearns county a claim of $885 against the estate of defendant’s intestate, Anthony Fawcett, “for services as nurse bestowed at the special instance and request of said Anthony Fawcett, deceased, in waiting upon, caring for, watching with, and attending deceased. ” The claim was contested and disallowed, and the claimant appealed upon questions of law and fact to the district court for the same county, where the cause was tried before Collins, J., and a jury. In answer to specific questions the jury made specific findings to the…
1Opinion of the CourtGilfillan, C. J.
The jury had a right, in their discretion, to render a general or special verdict. Gen. St. 1878, c. 66, § 236. But the refusal of the court to send the case to the jury for a general verdict, or instruct them that they were at liberty to render one if they thought proper, would have been without prejudice, had the special findings fully and clearly covered all the issues in the case; for in that event the judgment would have followed the special findings, whatever the general verdict might have been. The special findings, however, do not fully cover the case.
While it may be true that a…
2Cited by7 opinions
- Wren v. WrenCalifornia Supreme Court · 1893
- Roske v. IlykanyicsSupreme Court of Minnesota · 1951
- Riley v. MitchellSupreme Court of Minnesota · 1887
- Libaire v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1911
- Eklund v. MartinSupreme Court of Minnesota · 1902
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