Northern Trust Co. v. Albert Lea College
Supreme Court of Minnesota
Action by the Northern Trust Company against the Albert Lea College, its trustees, and all others interested in the property the mortgage on which is sought to be foreclosed. The court found that defendant college was indebted to plaintiff in the sum of $1,030, and also $200 for attorney’s fee, and ordered judgment for the same and a sale of the mortgaged premises to pay the amount of the judgment and the expenses of the sale.
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Action by the Northern Trust Company against the Albert Lea College, its trustees, and all others interested in the property the mortgage on which is sought to be foreclosed. The court found that defendant college was indebted to plaintiff in the sum of $1,030, and also $200 for attorney’s fee, and ordered judgment for the same and a sale of the mortgaged premises to pay the amount of the judgment and the expenses of the sale. From a judgment entered in the district court for Freeborn county, pursuant to the findings and order of Whytock, J., defendant R. R. Abbott and the trustees appealed.
1Opinion of the Court
START, C. J.2
This is an appeal by defendant trustees from a judgment entered herein by default. The only alleged error which can be here reviewed is the one that the complaint and prayer for relief do not justify the judgment. If it appears from the face of the record that such is the case, the error may be reviewed and corrected on appeal from the judgment, for it was entered by and in accordance with the order of the trial court. White v. Iltis, 24 Minn. 43. “The relief granted to the plaintiff, if there is no answer, cannot exceed that which he has demanded in his complaint.” G. S. 1894, §…
2Cases cited2 opinions
- White v. IltisSupreme Court of Minnesota · 1877
- Prince v. FarrellSupreme Court of Minnesota · 1884
3Cited by16 opinions
- Duenow v. LindemanSupreme Court of Minnesota · 1947
- Dockendorf v. LakieSupreme Court of Minnesota · 1953
- Halvorsen v. Orinoco Mining Co.Supreme Court of Minnesota · 1903
- State ex rel. Hammer v. WilliamsWisconsin Supreme Court · 1932
- Puffer v. ClarkMichigan Supreme Court · 1918
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