Sandberg v. Palm
Supreme Court of Minnesota
Appeal by David A. Corey, one of the defendants in this action, from an order of the District Court of Ramsey County, William Louis Kelly, J., made March 11, 1893, denying his motion fora new trial. The defendant Corey, of Fitchburg, Massachusetts, owned lots fourteen (14) and fifteen (15) of Chute Brothers’ Division No. 6 Addition to St. Paul. Early in 1890, he wrote his friend Joseph W. Fairbank of St. Paul to put the property into the hands of brokers for sale.
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Appeal by David A. Corey, one of the defendants in this action, from an order of the District Court of Ramsey County, William Louis Kelly, J., made March 11, 1893, denying his motion fora new trial. The defendant Corey, of Fitchburg, Massachusetts, owned lots fourteen (14) and fifteen (15) of Chute Brothers’ Division No. 6 Addition to St. Paul. Early in 1890, he wrote his friend Joseph W. Fairbank of St. Paul to put the property into the hands of brokers for sale. Fairbank employed John M. Dalilby, a real-estate broker, to sell the property. Dahlby máde an oral agreement with Neis Burkey, and…
1Opinion of the CourtGilfillan, C. J.
Action to foreclose a mechanic's lien. The contest on this appeal is between Hammer, a lien-claiming defendant, and’ Corey, the owner defendant) who appeals from an order denying his motion for a new trial after a decision against him.
The appellant’s first point is that the plaintiff’s action was not commenced within a year after the date of the last item of his lien, and consequently no lien claimant could apjjear as defendant in the action, and assert his lien, although, when appearing, his lien was alive. The date of plaintiff’s last item was June 21, 1890. The complaint was filed, the…
2Cases cited1 opinion
- Wheaton v. BergSupreme Court of Minnesota · 1892
3Cited by13 opinions
- Hokanson v. GundersonSupreme Court of Minnesota · 1893
- Bauman v. MetzgerSupreme Court of Minnesota · 1920
- Berglund & Peterson v. AbramSupreme Court of Minnesota · 1921
- Carr-Cullen Co. v. CooperSupreme Court of Minnesota · 1920
- Jefferson v. LeithauserSupreme Court of Minnesota · 1895
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