Schurmeier v. Johnson
Supreme Court of Minnesota
This action was commenced in the District Court of Ramsey County. The complaint sets out, with the usual averments, a cause of action upon four promissory notes executed by the defendants and one Anderson (since deceased) to the plaintiff, bearing date November 15, 1856, each for $695 with interest, and becoming due in one, two, three and four years respectively.
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This action was commenced in the District Court of Ramsey County. The complaint sets out, with the usual averments, a cause of action upon four promissory notes executed by the defendants and one Anderson (since deceased) to the plaintiff, bearing date November 15, 1856, each for $695 with interest, and becoming due in one, two, three and four years respectively. The defendants set up two defences: 1. That the defendants and said Anderson entered into a parol contract with the plaintiff for the purchase of certain lands, by the terms of which plaintiff was to subdivide the same into thirteen…
1Opinion of the Court
By the Court —
Wilson, C. J.
— At the proper time on the trial below the plaintiff’s counsel submitted to the Court five distinct propositions or requests — separately numbered — and asked the Court to charge the jury as therein requested.
The Court took up these propositions and ruled upon them separately — denying or modifying each. The plaintiff’s counsel “excepted to said refusals and modifications and to said instructions as given.” As a preliminary question it is insisted that this exception is not sufficiently specific to be available to the plaintiff, and therefore that the correctness…
2Cases cited2 opinions
- Shaeffer v. KreitzerSupreme Court of Pennsylvania · 1814
- Russell v. SchurmierSupreme Court of Minnesota · 1864
3Cited by5 opinions
- Campbell v. BeyersSupreme Court of Alabama · 1914
- Child v. MorganSupreme Court of Minnesota · 1892
- Judson v. ReardonSupreme Court of Minnesota · 1871
- Dulaney v. BurkeIdaho Supreme Court · 1890
- Springer v. BienNew York Court of Appeals · 1891