Legal Opinion

Nehring v. Haines

Supreme Court of Minnesota

Decided November 24, 1897No. Nos. 10,912-(256)PublishedCited by 2 opinions

Action in the district court for Stearns county to recover $83.33 and interest for services of plaintiff as inspector of ballots cast in the third legislative district of that county at the general election of 1894 for the office of representative to the legislature, in a contest instituted by defendant Haines. The other defendants were the sureties upon his bond. At the trial the jury returned a verdict of $40.50 for plaintiff.

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Action in the district court for Stearns county to recover $83.33 and interest for services of plaintiff as inspector of ballots cast in the third legislative district of that county at the general election of 1894 for the office of representative to the legislature, in a contest instituted by defendant Haines. The other defendants were the sureties upon his bond. At the trial the jury returned a verdict of $40.50 for plaintiff. From an order of the court, Searle, J., denying a motion of defendants for judgment notwithstanding the verdict or for a new trial, defendants appealed.

1Opinion of the Court

BUCK, J. .

Several questions applicable to this case were considered and disposed of on a former appeal. Moede v. Haines, 66 Minn. 419, 69 N. W. 216. While all the parties there were not the same as in this case the alleged cause of action grew out of the same transaction^ and the case was remanded for a new trial upon the ground that the plaintiffs therein should have sued separately. That course was pursued in this action.

The facts are quite fully stated in the opinion in that case. The question, however, as to the delivery of the bond sued upon was not then discussed or passed upon but is…

2Cases cited1 opinion

  1. Moede v. HainesSupreme Court of Minnesota · 1896

3Cited by2 opinions

  1. State v. BarkerNew Mexico Supreme Court · 1947
  2. In Re Guardianship of HamptonSupreme Court of Minnesota · 1985

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