Cook v. Finch
Supreme Court of Minnesota
This is an appeal by defendants from an order of the district court, for Dakota county, denying tbeir motion for a new trial after verdict for plaintiffs. Motions to dismiss the appeal, and to strike from the record the settled “ case,” were made to this court, on the grounds stated in the opinion.
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This is an appeal by defendants from an order of the district court, for Dakota county, denying tbeir motion for a new trial after verdict for plaintiffs. Motions to dismiss the appeal, and to strike from the record the settled “ case,” were made to this court, on the grounds stated in the opinion. To the statement of the case contained in the opinion, it is only necessary to add that the eighth instruction to the jury, given at plaintiffs’ request, was as follows, viz.: “If the defendants, at the time of making the contract, represented that the file of prescriptions, on hand at that date,…
1Opinion of the Court
By the Court.
Berry, J.
In this action a verdict was rendered June 25th, 1871, for plaintiffs. At defendants’ request the court granted a stay of proceedings for thirty days, to allow defendants to prepare a case and bring on the motion for a new trial. The proposed case was served July 22d, and the proposed amendments thereto, Aug. 3. Oct. 5th, plaintiffs, on due notice, entered judgment on the verdict, and taxed costs, and, on Nov. 4th, issued execution. Nov. 28th, the district judge issued an order, directing plaintiffs to show cause Dec. 1st, why the proposed case should not be settled and…
2Cases cited1 opinion
- Conway v. WhartonSupreme Court of Minnesota · 1868
3Cited by3 opinions
- Lone Star Salt Co. v. Texas Short Line Railway Co.Texas Supreme Court · 1906
- Healy v. YoungSupreme Court of Minnesota · 1875
- Bedford v. J. Henry Miller, Inc.Court of Appeals for the Fourth Circuit · 1914