Phillips v. Mo
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Redwood '■county, Webber, J., denying a motion to vacate and strike from the files :lhe decision of the court in favor of the defendants and to grant a new trial.
1Opinion of the CourtElliott, J.
The single question involved on this appeal is whether or not the plaintiff is entitled as a matter of right, under section 5845, G. S. 1894, to a second trial of the action. The suit was brought in Redwood 'county, and was tried by the court without a jury. A judgment was 'ordered for the defendants, and from an order denying a motion for a ■new trial the plaintiffs appealed to this court, where the order appealed from was affirmed. 91 Minn. 311, 97 N. W. 969. Judgment was thereafter entered in the district court. Within the time allowed by statute the plaintiffs paid the costs and gave…
2Cases cited13 opinions
- Ferguson v. KumlerSupreme Court of Minnesota · 1878
- Philips v. MoSupreme Court of Minnesota · 1904
- McMurphy v. WalkerSupreme Court of Minnesota · 1874
- Schmitt v. SchmittSupreme Court of Minnesota · 1884
- Gahre v. BerrySupreme Court of Minnesota · 1900
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3Cited by3 opinions
- Buffalo Land & Exploration Co. v. Hugh P. StrongSupreme Court of Minnesota · 1907
- Tew v. WebsterSupreme Court of Minnesota · 1908
- Tierney v. GondereauSupreme Court of Minnesota · 1906