Rucker v. Miller
Supreme Court of Minnesota
Appeal by defendant, R. Miller, from a judgment of the District Court of Cottonwood County, P. E. Brown, J., entered against him September 7, 1891, for $63.80. The plaintiff, R. H. Rucker, commenced this action in the court of a justice of the peace to recover upon an account stated for making cheese. Defendant claimed to offset damages he sustained because the cheese was not well made.
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Appeal by defendant, R. Miller, from a judgment of the District Court of Cottonwood County, P. E. Brown, J., entered against him September 7, 1891, for $63.80. The plaintiff, R. H. Rucker, commenced this action in the court of a justice of the peace to recover upon an account stated for making cheese. Defendant claimed to offset damages he sustained because the cheese was not well made. Plaintiff had a verdict Saturday evening, March 28, 1891, for $30. The justice states in his amended return that he immediately announced that he rendered judgment for $30 and costs, and commenced to tax the…
1Opinion of the CourtVanderburgh, J.
This case was tried by jury before a justice of the peace, and a verdict returned by the jury, and duly entered by the justice upon Saturday evening, March 28, 1891.
The justice, soon after, notified the parties who, were present of the verdict, and about what the costs would amount to. It also appears *362that, as be was proceeding to make the proper entries in his docket, he expressed a wish to delay the entry of the judgment; whereupon the defendant’s attorney, in the presence of the defendant, expressly consented to such delay; that is to say, he assured the justice that “it would make no…
2Cases cited2 opinions
- Barnes v. BadgerNew York Supreme Court · 1857
- Keating v. SerrellNew York Court of Common Pleas · 1874