McLaughlin v. City of Breckenridge
Supreme Court of Minnesota
Action in the district court for Wilkin county to recover $5,200 for personal injury. The answer alleged upon information and belief that any injury sustained by plaintiff was caused by his contributory negligence and not by any negligence on the part of defendant. A motion for judgment on the pleadings for want of a reply or a demurrer on the part of plaintiff to the new matter in the answer constituting a defense was granted.
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Action in the district court for Wilkin county to recover $5,200 for personal injury. The answer alleged upon information and belief that any injury sustained by plaintiff was caused by his contributory negligence and not by any negligence on the part of defendant. A motion for judgment on the pleadings for want of a reply or a demurrer on the part of plaintiff to the new matter in the answer constituting a defense was granted. Plaintiff’s motion that he be permitted to serve a reply to the new matter in the answer constituting a defense, after the time limited therefor by statute, was…
1Opinion of the Court
On May 9, 1913, the following order was filed.
2Per curiam
Under the rule in Swanson v. Andrus, 84 Minn. 168, 87 N. W. 363, 88 N. W. 252, the order in this case was conditional, and not final until the conditions were complied with, hence the service of *156notice of the filing of the order before compliance with the conditions was ineffectual as a limitation of the time to appeal.
Motion to dismiss appeal denied.
On June 20,1913, the following opinion was filed:
Philip E. Brown, J.
The plaintiff commenced an action against the defendant city on February 28, 1912, for the recovery of damages, laid in the sum of…
3Cases cited2 opinions
- Swanson v. AndrusSupreme Court of Minnesota · 1901
- O'Hara v. H. L. Collins Co.Supreme Court of Minnesota · 1901
4Cited by9 opinions
- Barrett v. SmithSupreme Court of Minnesota · 1931
- Security State Bank v. BrechtSupreme Court of Minnesota · 1921
- First Trust & Savings Bank v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1923
- Laplante v. KnutsonSupreme Court of Minnesota · 1928
- Gostomezik v. GostomezikSupreme Court of Minnesota · 1934
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