Legal Opinion

St. Paul Fire & Marine Insurance v. Allis

Supreme Court of Minnesota

Decided August 11, 1877PublishedCited by 6 opinions

Appeal by defendants from a judgment of the district court for Bamsey county, upon an action to foreclose a mortgage, tried before Simons, J., without a jury.

1Opinion of the CourtBerry, J.

1. The court before which this action was tried finds, as conclusions of fact, that' the plaintiff is a corporation, and that a certain mortgage was delivered to the plaintiff by the defendants Allis and wife. The defendants claim that these findings are not justified by the evidence-. No* motion for a new trial upon this ground was made below. - Where, however, an action is tried by the district court itself,. *76without a jury, a motion in that court for a new trial, upon the ground that the evidence does not justify any finding of fact, is not necessary, in order to entitle an appellant to…

2Cited by6 opinions

  1. City of Indianapolis v. NavinIndiana Supreme Court · 1897
  2. Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
  3. Smith v. Indianapolis Street Railway Co.Indiana Supreme Court · 1902
  4. Jordan v. HumphreySupreme Court of Minnesota · 1884
  5. Pittsburgh Plate Glass Co. v. BrownSupreme Court of Minnesota · 1932

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