Jenkinson v. Koester
Supreme Court of Minnesota
Action in the district court for Clay county to recover $2,000 for malicious prosecution. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $100. From an order granting a motion for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, J.
This was an action for malicious prosecution. Plaintiff had a verdict in the court below for the sum of $100, and appeals from an order of the trial court granting a new trial.
The order appealed from must be affirmed, as a discretionary order, under the now familiar rule, first announced in Hicks v. Stone, 13 Minn. 398 (434); it appearing that the motion for new trial was based upon the grounds, among others, that the verdict of the jury was not justified by the evidence, and it not appearing from the order of the trial court upon which ground the motion was granted. Langan v. Iverson, 78…
2Cases cited7 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Langan v. IversonSupreme Court of Minnesota · 1899
- Morrow v. St. Paul City Railway Co.Supreme Court of Minnesota · 1896
- Myers v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1897
- Kertson v. Great Northern Express Co.Supreme Court of Minnesota · 1898
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3Cited by3 opinions
- Fitger v. GuthrieSupreme Court of Minnesota · 1903
- Karnofsky v. Wells-Dickey Co.Supreme Court of Minnesota · 1931
- Pearson v. Great Northern Railway Co.Supreme Court of Minnesota · 1903