Lytle v. Prescott
Supreme Court of Minnesota
Appeal by defendants, Nathan W. Prescott and John H. Doran, from an order of the Municipal Court of the City of St. Paul, John Twohy, Jr., J., made September 8, 1893, denying their motion for a new trial. John Olson bought of Nathan Ford Music Co., August 19, 1891, a music box in rosewood case for $80 and gave his note for that sum and signed a contract that the instrument should remain the property of the vendors until the note should be paid.
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Appeal by defendants, Nathan W. Prescott and John H. Doran, from an order of the Municipal Court of the City of St. Paul, John Twohy, Jr., J., made September 8, 1893, denying their motion for a new trial. John Olson bought of Nathan Ford Music Co., August 19, 1891, a music box in rosewood case for $80 and gave his note for that sum and signed a contract that the instrument should remain the property of the vendors until the note should be paid. He after-wards paid $42 on the note. On December 17, 1892, Olson borrowed of the plaintiff, Hannora Lytle, $22 and gave her a mortgage on the music…
1Opinion of the CourtGilfillan, C. J.
Of the three assignments of error the first and third are bad under the rules, — the first, because it does not show whether it is taken to the court’s findings of fact or its conclusion of law, and, if to the findings of fact, it does not show to which of them (there being several); the third, because it assigns as error the denial of the motion for a new trial, without specifying to which of the several points made by the motion the assignment applies. There is no merit in the second assignment of error. There was evidence to sustain the finding referred to in it. Order affirmed.
Buck, J.,…
2Cases cited1 opinion
- Rogers v. TruesdaleSupreme Court of Minnesota · 1894
3Cited by4 opinions
- Modern Woodmen of America v. LaneNebraska Supreme Court · 1901
- Adams v. City of Thief River FallsSupreme Court of Minnesota · 1901
- Rogers v. TruesdaleSupreme Court of Minnesota · 1894
- Prosser v. ManleySupreme Court of Minnesota · 1913