Howes v. Gillett
Supreme Court of Minnesota
The plaintiff (Howes) brought an action of ejectment against the defendant, (Gillett,) and judgment was rendered in the District Court of Dakota County, against the plaintiff for costs and disbursements. Plaintiff paid'the judgment, and served a written demand for another trial, and made a motion to said Court for> an order to place said cause on the calendar for another trial thereof, which motion was granted and such order entered. The defendant appeals from said order.
Read the full summary
The plaintiff (Howes) brought an action of ejectment against the defendant, (Gillett,) and judgment was rendered in the District Court of Dakota County, against the plaintiff for costs and disbursements. Plaintiff paid'the judgment, and served a written demand for another trial, and made a motion to said Court for> an order to place said cause on the calendar for another trial thereof, which motion was granted and such order entered. The defendant appeals from said order. The Court erred in granting another trial to the plaintiff. Sec. 5, Chap. 64, page 595, of the Comp. Stat., provides that…
1Opinion of the Court
By the Court —
Berry, J.
— We perceive no reason why the order made in this action in the District Court is not appealable, for it appears to have been both in form and effect an order granting a new trial.
Whether the respondent was or was not entitled to a new trial depends wholly upon the statute. Sec. 5, Chap. 64, page 595, Pub. Stat., enacts “that any person against whom a judgment for the recovery of specific real property is rendered, may within six months after written notice of the judgment, upon the payment of all costs and damages recovered thereby, demand another trial by notice in…
2Cited by1 opinion
- Davidson v. LampreySupreme Court of Minnesota · 1871