Legal Opinion

Gray Cloud Land Co. v. Security Trust Co.

Supreme Court of Minnesota

Decided December 2, 1904No. Nos. 14,060, 14,061—(71, 72)PublishedCited by 3 opinions

Appeal by defendant Security Trust Company from an order of the district court for Washington county, Williston, J., denying a motion to strike from the files plaintiff’s demand for a second trial of the action.

1Opinion of the Court

BROWN, J.2

Appeal from an order denying defendant’s motion to set aside and strike, from the files of the court plaintiff’s demand for a second trial of the action. 1

The only question presented is whether the action is one in which the plaintiff was, under the statutes, entitled to a second trial as a matter of right, the action having been once tried, resulting in a judgment for defendant. In determining this question we must look to the substance of the action as disclosed by the pleadings, and not to its form; *370and if in fact it is one in which the plaintiff seeks tc recover the possession-…

2Cases cited3 opinions

  1. Schmitt v. SchmittSupreme Court of Minnesota · 1884
  2. Gahre v. BerrySupreme Court of Minnesota · 1900
  3. Finnegan v. BrownSupreme Court of Minnesota · 1900

3Cited by3 opinions

  1. Hammer v. RogersSupreme Court of Oklahoma · 1908
  2. Phillips v. MoSupreme Court of Minnesota · 1905
  3. Heins v. Board of County CommissionersSupreme Court of Minnesota · 1905

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