Huot v. Wise
Supreme Court of Minnesota
Appeal by defendant Henry Wise from an order of the district court for Wabasha county, Mitchell, J., presiding, refusing a new trial after verdict against him of $1,800. Appellant was sued jointly with Elizabeth Wise and Gustave Wise, and the action was dismissed at the trial as to the last named defendants.
1Opinion of the CourtGilfillan, C. J.
The wrong done in this ease was enticing plaintiff’s wife to leave him. The conspiracy alleged is not the gist of the action, but was alleged merely to connect all *69the defendants with the wrong, and to charge all with the acts of each in effecting the alleged common purpose. But the case stands like any tort alleged to have been committed jointly by two or more defendants. A recovery may be had against the one proved to be guilty, although the action may fail as to the others. Had any prejudice to the defendant as to whom the action was retained been feared from evidence admitted of the acts…
2Cited by11 opinions
- State v. GianakosSupreme Court of Minnesota · 2002
- State v. ZaisSupreme Court of Minnesota · 2011
- Jewison v. DieudonneSupreme Court of Minnesota · 1914
- Watkins v. LordIdaho Supreme Court · 1918
- State v. ZaisCourt of Appeals of Minnesota · 2010
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