Wells v. Penfield
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Smith, J., vacating a judgment which was entered pursuant to the following stipulation: “It is hereby stipulated by and between the respective parties, the plaintiff and the defendant in the above entitled action, and their respective attorneys, that the defendant may take judgment for dismissal upon the merits against said plaintiff upon all of the causes of action set forth in' plaintiff’s…
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Appeal by defendant from an order of the district court for Hennepin county, Smith, J., vacating a judgment which was entered pursuant to the following stipulation: “It is hereby stipulated by and between the respective parties, the plaintiff and the defendant in the above entitled action, and their respective attorneys, that the defendant may take judgment for dismissal upon the merits against said plaintiff upon all of the causes of action set forth in' plaintiff’s complaint in said action, without cost to either party. A. L. Brice and J. T. Hutchinson, “December 22nd, 1896. Attorneys for…
1Opinion of the CourtCanty, J.
The complaint in this action sets forth several causes of action for libel and slander. After the answer was served, the attorneys of the parties made a stipulation in writing, duly signed by them, that defendant take “judgment for dismissal upon the merits” against plaintiff without costs to either party. The stipulation was filed, the court ordered judgment accordingly, and judgment was entered thereon. At the time the stipulation was made, defendant paid to plaintiff’s attorneys the sum of $100 in settlement of the case. Plaintiff at this time resided in Chicago, and, on learning of the…
2Cases cited1 opinion
- Bray v. DohenySupreme Court of Minnesota · 1888
3Cited by11 opinions
- Gibson v. NelsonSupreme Court of Minnesota · 1910
- Sjoberg v. Security Savings & Loan Ass'nSupreme Court of Minnesota · 1898
- Rodgers v. United States & Dominion Life InsuranceSupreme Court of Minnesota · 1914
- Macknick v. Switchmen's UnionSupreme Court of Minnesota · 1915
- Keller v. WolfSupreme Court of Minnesota · 1953
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