Legal Opinion
Barwald v. Thuet
Supreme Court of Minnesota
Decided May 6, 1921No. 22,284Published
Action in the district court for Dodge county for an accounting and to recover $154.50. The case was tried before Childress, J., who made findings and ordered judgment in favor of plaintiff for $463.35. From an order granting plaintiff’s motion for a new trial, defendant appealed.
1Per curiam
This is an appeal from an order granting plaintiff’s motion for a new trial.
By chapter 474, p. 699, Laws 1913, subd. 4, section 4365, R. L. 1905, was amended by the addition of these words:
“Provided that when an order granting a new trial is based exclusively upon errors occurring at the trial and it is so expressly stated in the order or memorandum of the trial court, an appeal therefrom may he taken, but in such case only.”
In the case at bar there was a trial by the court without a jury. The plaintiff moved for amended findings, and, if denied, for a new trial on two grounds, newly…
2Cases cited6 opinions
- Pust v. HoltzSupreme Court of Minnesota · 1916
- Kommerstad v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
- Heide v. LyonsSupreme Court of Minnesota · 1915
- Greenberg v. National Council of Knights and Ladies of SecuritySupreme Court of Minnesota · 1916
- Montee v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
1 more not listed; retrieve them via the Exa API.