Ankeny v. Moffett
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin •county, to enjoin a sale upon execution under the circumstances recited in the opinion. Defendants appeal from an order by Rea, J., .granting plaintiff’s motion for judgment upon the pleadings. cited, among other cases,' Harris v. Frank, 29 Kansas, 200.
1Opinion of the CourtMitchell, J.
Defendant Moffett and one Johnson, being severally ■the owners of two adjoining lots, joined in erecting á building upon them, and united in letting the contract for its construction to one builder. While the building was in process of erection, a portion of its walls fell, and injured one Walters, who thereupon sued Moffett .and Johnson for damages, and recovered a joint judgment against the two. They were not guilty of any intentional wrong, or of any bad faith, or of any act in itself illegal, and hence the ground of their:, liability to Walters must have been mere negligence in the…
2Cases cited2 opinions
- Bailey v. BussingSupreme Court of Connecticut · 1859
- Nickerson v. WheelerMassachusetts Supreme Judicial Court · 1875
3Cited by38 opinions
- Best v. YerkesSupreme Court of Iowa · 1956
- Goldman v. Mitchell-Fletcher Co.Supreme Court of Pennsylvania · 1928
- American Automobile Insurance v. MollingSupreme Court of Minnesota · 1953
- Gustafson v. JohnsonSupreme Court of Minnesota · 1952
- Employers Mutual Casualty Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1951
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