Somerville v. Donaldson
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Bamsey county, Simons, I., presiding, setting aside and declaring null and void the written demand of the defendants for'a second trial, filed with the clerk of the court, and directing that the same be stricken from the files in the action.
1Opinion of the Court
Gileillan, C. J".
The question involved is the defendants’ right, under Laws 1867, c. 72, § 2, amending Gen. St. c. 75, § 5, to have a second trial after a judgment against them in the action. The complaint sets forth plaintiff’s title to an undivided half of certain real estate, the defendant Somerville, her husband, owning the other half; the execution by her and her husband of a conveyance to defendant Donaldson, and the recording thereof; that such conveyance was without consideration, and that she was induced to join in the execution of it by fraud of her husband, setting forth the…
2Cases cited1 opinion
- Ferguson v. KumlerSupreme Court of Minnesota · 1878
3Cited by6 opinions
- Schmitt v. SchmittSupreme Court of Minnesota · 1884
- Connecticut Mutual Life Insurance v. KingSupreme Court of Minnesota · 1900
- Knight v. ValentineSupreme Court of Minnesota · 1886
- Phillips v. MoSupreme Court of Minnesota · 1905
- Bracken v. TronesSupreme Court of Minnesota · 1912
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