First National Bank v. Coon
Supreme Court of Minnesota
Action in ejectment in the district court for Rice county and to recover $30 per month, the value of the use and occupation of the premises from the date of the cancelation of a certain contract for a deed until the termination of the action. The facts are stated in the opinion.
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Action in ejectment in the district court for Rice county and to recover $30 per month, the value of the use and occupation of the premises from the date of the cancelation of a certain contract for a deed until the termination of the action. The facts are stated in the opinion. The case was tried before Childress, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and a jury which returned a verdict in favor of plaintiff for $240 and possession of the premises. From an order denying their motion for a new trial, defendants appealed.
1Opinion of the CourtHolt, J.
The appeal is by defendants from an order denying a new trial after verdict against them, the action being in ejectment.
There was a former appeal wherein defendants prevailed. From, the recitals in this record we take it the costs were taxed and judgment entered in this court; that the costs were paid, and, although remittitur issued prior to the service of notice of trial in the district court, it was not filed in that court at the time the notice was served, but was filed when the case came on for trial and defendants’ motion to strike it from the calendar was made and denied. The refusal…
2Cases cited3 opinions
- Hage v. BennerSupreme Court of Minnesota · 1910
- Martin v. BaldwinSupreme Court of Minnesota · 1883
- Gould v. JohnstonSupreme Court of Minnesota · 1877
3Cited by7 opinions
- Clark v. DyeSupreme Court of Minnesota · 1924
- Conley v. DowningSupreme Court of Minnesota · 1982
- Nitkey v. WardSupreme Court of Minnesota · 1937
- Melvey v. BowmanSupreme Court of Minnesota · 1927
- Hjelm v. BergmanSupreme Court of Minnesota · 1978
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