National Investment Co. v. National Savings, Loan & Building Ass'n
Supreme Court of Minnesota
Appeal by plaintiff, National Investment Company, from an order of the District Court of Eamsey County, Brill, J., made September 7, .1892, refusing a new trial. This action was brought against the defendant, National Savings, Loan and Building Association, to recover the sum of $7,200, upon its written contract to purchase of the plaintiff a certain mortgage for that amount made to it by one W. J. Woolsey.
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Appeal by plaintiff, National Investment Company, from an order of the District Court of Eamsey County, Brill, J., made September 7, .1892, refusing a new trial. This action was brought against the defendant, National Savings, Loan and Building Association, to recover the sum of $7,200, upon its written contract to purchase of the plaintiff a certain mortgage for that amount made to it by one W. J. Woolsey. The defendant is a building association under the laws of this state, and neither plaintiff nor Woolsey, at the time the contract was made, was a member or stockholder thereof. The court…
1Opinion of the CourtMitchell, J.
When this case was before us on a former appeal the judgment appealed from was reversed without any formal direction as to what further proceedings should be had in the action. 49 Minn. 517, (52 N. W. Rep. 138.)
The effect of a simple reversal of a judgment depends upon the grounds upon which the reversal is based, as expressed in the “opinion” of the court. In the absence of any formal direction, the opinion of the court is to be consulted for the purpose of determining the effect of the reversal. Jordan v. Humphrey, 32 Minn. 522, (21 N. W. Rep. 713.)
An examination of the opinion of the court…
2Cases cited2 opinions
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- National Investment Co. v. National Savings, Loan & Building Ass'nSupreme Court of Minnesota · 1892
3Cited by13 opinions
- State Ex Rel. United States Fidelity & Guaranty Co. v. District CourtMontana Supreme Court · 1926
- Butler v. ThompsonWest Virginia Supreme Court · 1902
- Missouri, Kansas & Texas Trust Co. v. ClarkNebraska Supreme Court · 1900
- Kurtz v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1896
- State ex rel. Bujac v. District Court of Second Judicial District for Bernalillo CountyNew Mexico Supreme Court · 1922
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