Dickinson v. Kinney
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE RICE COUNTY. Points and Authorities of Appellant. Tbe Court, if it saw fit to recapitulate the facts set forth in tbe complaint and answer, erred in omitting to find tbat after tbe docketing of tbe Defendant’s judgment against Levi Nutting, tbe Sheriff duly executed to said Nutting a deed and conveyance of tbe premises described in tbe complaint.
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ERROR TO THE DISTRICT COURT OE RICE COUNTY. Points and Authorities of Appellant. Tbe Court, if it saw fit to recapitulate the facts set forth in tbe complaint and answer, erred in omitting to find tbat after tbe docketing of tbe Defendant’s judgment against Levi Nutting, tbe Sheriff duly executed to said Nutting a deed and conveyance of tbe premises described in tbe complaint. See folio 7. I. — 1st. The Court erred in finding as law applicable to tbe facts set forth in the pleadings that “ the Sheriff’s sale of J une 26,1858, transferred the legal title of the premises sold to Levi Nutting,”…
1Opinion of the Court
By the Court
FlaNdrau, J.
In the trial of an issue of law raised upon demurrer to an answer, it is unnecessary for tbe Court to find in its decision- the facts that are admitted in the pleading because such finding cannot influence the case one way or the other. What facts stand admitted must be governed by the pleading itself, and' cannot be added to or taken from by any finding the Court may make.
On the 21th day of February, 1858, Levi Nutting recovered a judgment, in the District Court of Rice County, against Leonard K. Flanders and William Peacock, and docketed it in Rice county, on the…
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- Burnside v. CraigSupreme Court of Minnesota · 1918
- Messerschmidt v. BakerSupreme Court of Minnesota · 1875
- Curriden v. St. Paul & Northern Pacific Ry. Co.Supreme Court of Minnesota · 1892
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