Valerius v. Richard
Supreme Court of Minnesota
Appeal by Tedy Richard, Louis Berry and fourteen others, defendants, from an order of the District Court of Polk County, Ira B. Mills, J., made December 27,1892, granting the plaintiff, Nicholas P. Valerius, a new trial after verdict for defendants.
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Appeal by Tedy Richard, Louis Berry and fourteen others, defendants, from an order of the District Court of Polk County, Ira B. Mills, J., made December 27,1892, granting the plaintiff, Nicholas P. Valerius, a new trial after verdict for defendants. The plaintiff, Nicholas P. Valerius, brought this action upon a promissory note made by the defendants November 28, 1890, by which they promised to pay Kingsland Bros, or order $2,000 in installments, $300 in one year, $700 in two years and $800 in three years thereafter, with interest annually at the rate of eight per cent per annum. Plaintiff…
1DissentCanty, J.
I dissent. Where the trial court has misstated the law in his charge, or charged propositions of law not applicable to the case, and he is of the opinion that in fact the jury was misled thereby, it is in his discretion to grant a new trial, though no exception was taken, if, in his opinion, the taking of an exception would not have caused him to change his mind in time to obviate the mistake. In such a case the losing party has no standing at all, as a matter of right. It is merely an application for equitable relief, addressed peculiarly to the discretion of the trial courti
In New York this…
2Cases cited6 opinions
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Valerius v. RichardSupreme Court of Minnesota · 1894
- Maier v. HomanNew York Court of Common Pleas · 1871
- St. John v. KiddCalifornia Supreme Court · 1864
- Farr v. FullerSupreme Court of Iowa · 1859
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