Hollinshead v. Von Glahn
Supreme Court of Minnesota
WRIT or ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Plaintiff in Error. The Court below erred in refusing the motion of the Defendant below to set aside the assessment of damages. See Marston vs. Talcott, Sup. Court Minn., Jan. T. 1860. Points and authorities of Defendant in Error.
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WRIT or ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Plaintiff in Error. The Court below erred in refusing the motion of the Defendant below to set aside the assessment of damages. See Marston vs. Talcott, Sup. Court Minn., Jan. T. 1860. Points and authorities of Defendant in Error. First. — A Defendant who neglects to serve a demand for an assessment of damages, and fails to appear at the time and place of the assessment, after notice given, and suffers judgment to go by default, must show that the same “ occurred through his mistake, inadvertance, surprise, or…
1Opinion of the CourtFlandrau, J.
By the Count. Judgment was entered in this case on the 29th day of March, 1859. At that time, this Court had, in the case of Mason, Craig, et al. vs. Calender, Flint & Co., 2 Minnesota Reports, 350, decided that the damages on the breach of a money contract were the same as *191the interest agreed to be paid on the contract before breach. This decision was to some extent founded upon a former decision of the Territorial Supreme Court, holding an analogous principle. Wakefield vs. Brewster, 1 Minn. R. 352. With these two decisions of the Supreme Court against him, it can hardly be said that the…
2Cases cited1 opinion
- Talcott v. MarstonSupreme Court of Minnesota · 1859
3Cited by8 opinions
- Kelley v. RhoadsWyoming Supreme Court · 1898
- Tupper v. ThompsonSupreme Court of Minnesota · 1880
- Johnson v. OswaldSupreme Court of Minnesota · 1888
- Bailey v. ScottSouth Dakota Supreme Court · 1890
- Town of Martinsburg v. ButlerSupreme Court of Minnesota · 1910
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