Reitan v. Goebel
Supreme Court of Minnesota
Plaintiff recovered a verdict of $675, in the district court for Clay county, against Eliza Goebel, who appealed to this court from an order denying her motion for a new trial. A bond to stay proceedings, with the statutory condition, (recited in the opinion,) was executed by her and by the other defendants in this action as her sureties. The order was affirmed by this court, (33 Minn. 151,) and judgment for $792.86 was entered on the verdict.
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Plaintiff recovered a verdict of $675, in the district court for Clay county, against Eliza Goebel, who appealed to this court from an order denying her motion for a new trial. A bond to stay proceedings, with the statutory condition, (recited in the opinion,) was executed by her and by the other defendants in this action as her sureties. The order was affirmed by this court, (33 Minn. 151,) and judgment for $792.86 was entered on the verdict. This action on the bond was brought in the same district court, the complaint stating the foregoing facts, and also that Goebel, when the bond was…
1Opinion of the CourtGileillan, C. J.
The condition of the bond for a stay, upon an appeal to this court from an order, is conditioned “to pay the costs of said appeal, and the damages sustained by the respondent in consequence thereof, if said order, or any part thereof, is affirmed, or *385said appeal dismissed, and abide and satisfy the judgment or order which the appellate court may give therein.” Gen. St. 1878, c. 86, § 10.
In Erickson v. Elder, 34 Minn. 370, (25 N. W. Rep. 804,) which was an appeal from an order directing the payment of money, this court held that a judgment of affirmance in this court was in effect a judgment…
2Cases cited1 opinion
- Erickson v. ElderSupreme Court of Minnesota · 1885
3Cited by4 opinions
- Friesenhahn v. MerrillSupreme Court of Minnesota · 1892
- St. Paul & Duluth Railroad v. Village of HinckleySupreme Court of Minnesota · 1893
- Estes v. RobertsSupreme Court of Minnesota · 1895
- Vent v. Duluth Trust Co.Supreme Court of Minnesota · 1899