Legal Opinion

Berkey v. Judd

Supreme Court of Minnesota

Decided March 31, 1881PublishedCited by 9 opinions

Appeals by defendants from an order of the district court for Washington county, Crosby, J., presiding, on appeal from an order of the probate court of said county, and from an order of said district court overruling the demurrer of defendants to the complaint of plaintiff in an action therein pending. The facts are stated in the opinion.

1Opinion of the CourtGilfillan, C. J.

In 1865, respondent Berkey commenced an action against George B. Judd and Orange Walker. The cause was referred to and tried by a referee, who, in April, 1871, filed his report directing judgment for the plaintiff and against the defendants for $10,032.10. The defendants made *476a motion for a new trial, which was denied. From the order denying it an appeal was taken to this court, where the order was affirmed. The cause was remanded to the district court, and judgment there entered upon the report January 7, 1876. After the report, and before the appeal, Judd died, leaving the appellants…

2Cases cited1 opinion

  1. Stocking v. HansonSupreme Court of Minnesota · 1876

3Cited by9 opinions

  1. In Re Estate of KoffelSupreme Court of Minnesota · 1928
  2. Oswald v. PillsburySupreme Court of Minnesota · 1895
  3. Fern v. LeutholdSupreme Court of Minnesota · 1888
  4. O'Brien v. LienSupreme Court of Minnesota · 1924
  5. Travelers Insurance v. HallauerWisconsin Supreme Court · 1907

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