Legal Opinion

Archer v. Whitten

Supreme Court of Minnesota

Decided February 7, 1913No. Nos. 17,828—(176)PublishedCited by 2 opinions

After the former appeal reported in 117 Minn. 122, 134 N. W. 508, defendant moved for a new trial upon the ground of material evidence newly discovered, which could not have been found and produced at the trial. The motion was heard before Dickinson, J., who granted it. Erom the order granting a new trial, plaintifE appealed.

1Opinion of the CourtBunn, J.

This is an appeal from an order of the district court of Hennepin county granting defendant’s motion for a new trial made on the ground of newly discovered evidence.

The case was before us at the October, 1911, term on an appeal by defendant from an order denying his motion for judgment notwithstanding the verdict or for a new trial, and the order was affirmed. Archer v. Whitten, 117 Minn. 122, 134 N. W. 508. In response to a request that we remand the case, with permission to defendant to move for a new trial on the ground of newly discovered evidence, we stated in the opinion that “the whole…

2Cases cited2 opinions

  1. Hanson v. BaileySupreme Court of Minnesota · 1905
  2. Archer v. WhittenSupreme Court of Minnesota · 1912

3Cited by2 opinions

  1. State v. HirschNebraska Supreme Court · 1994
  2. Ricker v. J. L. Owens Co.Supreme Court of Minnesota · 1922

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