Conrad v. Bauldwin
Supreme Court of Minnesota
Plaintiff, holding a judgment of $161.17 against the defendant Julia S. Fernwalt, on which execution had been issued and returned unsatisfied, brought this action in the district court of Hennepin county, to reach property alleged to have been fraudulently transferred by the judgment debtor to the defendant Bauldwin. At the trial, before Hooker, J., the action was dismissed on defendants’ motion at the close of the evidence for plaintiff.
Read the full summary
Plaintiff, holding a judgment of $161.17 against the defendant Julia S. Fernwalt, on which execution had been issued and returned unsatisfied, brought this action in the district court of Hennepin county, to reach property alleged to have been fraudulently transferred by the judgment debtor to the defendant Bauldwin. At the trial, before Hooker, J., the action was dismissed on defendants’ motion at the close of the evidence for plaintiff. On taxation of costs by the clerk, the defendants were allowed $5 as “statutory costs.” On their appeal to the court, the clerk’s taxation was modified by…
1Opinion of the CourtMitchell, J.
Upon the trial, when the plaintiff rested his case, the court, on motion of defendants, dismissed the action, evidently, *407as appears from the record, upon the ground that the plaintiff hadl failed to establish a cause of action. The judgment entered uporc this order was one of dismissal merely, and not upon the merits» Gen. St. 1878, c. 66, § 262, subd. 3. Hence, under Gen. St. 1878,. c. 67, § 2, the defendants were only entitled to five dollars statutory-costs. The-cause is therefore remanded, with directions to the court-below to modify the judgment appealed from by deducting therefrom-five…
2Cited by2 opinions
- Woods v. LindvallCourt of Appeals for the Eighth Circuit · 1891
- Mardorf v. Duluth-Superior Transit Co.Supreme Court of Minnesota · 1934