McCune v. Eaton
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., denying a motion to modify the form of judgment entered.
1Opinion of the CourtCanty, J.
This action was tried by the court and a jury. At the close of plaintiff’s evidence, he rested his case, and thereupon, on motion of defendants, the action was, by order of the court, dismissed. The clerk entered judgment adjudging that the action “is hereby dismissed upon the merits.” Plaintiff moved to correct the judgment by striking out the words “upon the merits,” and appeals from an order denying the motion.
In our opinion, the order appealed from should be reversed. The judgment entered is a bar to the bringing of another action for the cause of action stated in the complaint. This is…
2Cited by4 opinions
- Melady-Briggs Cattle Corp. v. Drovers State BankSupreme Court of Minnesota · 1942
- County of Morrison v. LejouburgSupreme Court of Minnesota · 1914
- Mardorf v. Duluth-Superior Transit Co.Supreme Court of Minnesota · 1934
- United States Farm Land Co. v. JamesonCourt of Appeals for the Eighth Circuit · 1917