Legal Opinion
Spencer v. Stanley
Supreme Court of Minnesota
Decided October 25, 1898No. Nos. 11,239—(40)PublishedCited by 4 opinions
Action in the district court for Big Stone county to recover $1,020 on three promissory notes. Defendant I. Y. Sherman alone answered. The cause was tried before C. L. Brown, J., and a jury. There was a verdict in favor of defendant, and from an order denying their motion for a new trial, plaintiffs appealed.
1Opinion of the CourtCanty, J.
This is an appeal from an order denying a new trial. The paper book contains a notice of motion for a new trial, which does not state any grounds for the motion. This is fatal. See Clark v. Nelson Lumber Co., 34 Minn. 289, 25 N. W. 628.
But we will go further. The return does not show any notice of motion at all, and this is equally fatal.
*36The order appealed from should therefore be affirmed. So ordered.
2Cases cited1 opinion
- Clark v. C. N. Nelson Lumber Co.Supreme Court of Minnesota · 1885
3Cited by4 opinions
- Hoyt v. Kittson County State BankSupreme Court of Minnesota · 1930
- Kiebach v. KiebachSupreme Court of Minnesota · 1948
- Radabaugh v. JustSupreme Court of Minnesota · 1947
- Coughlin v. Town of RosemountSupreme Court of Minnesota · 1949