Keith v. Briggs
Supreme Court of Minnesota
Plaintiff, as assignee of one Heffernan, brought this action in September, 1882, in the district court for Winona county, alleging that in July, 1874, Heffernan, being owner of a certain note for $1,000, secured by mortgage on real estate in that county, assigned both note and mortgage to defendant Briggs, upon an agreement that he should pay Heffernan whatever he could collect or realize on the note and mortgage as soon as collected or realized; that in March, 1875,…
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Plaintiff, as assignee of one Heffernan, brought this action in September, 1882, in the district court for Winona county, alleging that in July, 1874, Heffernan, being owner of a certain note for $1,000, secured by mortgage on real estate in that county, assigned both note and mortgage to defendant Briggs, upon an agreement that he should pay Heffernan whatever he could collect or realize on the note and mortgage as soon as collected or realized; that in March, 1875, defendant Briggs foreclosed the mortgage, bid off the property in his own name for $800, and in May, 1877, (there having been…
1Opinion of the CourtBerry, J.
Defendant applied for a change of venue, under Laws 1881, c. 132. Plaintiff resisted on the ground of convenience of wit*187nesses. • Whether, if the defendant had taken objection to this mode of resistance, and had rested upon his strict rights under his application, it would have been competent for the court to have denied the same, or to have permitted the plaintiff to resist it upon the ground above mentioned, we are not called upon to inquire. So far from taking any such objection, the defendant appears to have furnished counter-affidavits upon the question of the convenience of witnesses.…
2Cases cited3 opinions
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Guilder v. Town of OtsegoSupreme Court of Minnesota · 1873
- Deakin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1880
3Cited by8 opinions
- Kramer v. GardnerSupreme Court of Minnesota · 1908
- Davidson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Langan v. IversonSupreme Court of Minnesota · 1899
- Windsor v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Thiem v. EckertSupreme Court of Minnesota · 1925
3 more not listed; retrieve them via the Exa API.