Legal Opinion · Dissent

First National Bank of Glencoe v. Lincoln

Supreme Court of Minnesota

Decided November 30, 1888Published

Appeal by plaintiff from an order of the district court for McLeod county, Eclson, J., presiding, denying its motion for a new trial of the issues between it and the defendant David L. How.

1Dissent

Mitchell and Vanderburgh, JJ.,

(dissenting.) We dissent. The defendants were each severally liable on the bond in suit. Plaintiff might have commenced his action against all or any one of them. How answered separate^', raising different issues from those made by the answer of the other defendants. In fact, a reference to the record on the former appeal, (36 Minn. 132; 30 N. W. Rep. 449,) will show that the order of the court below on the motion for a new trial imposed a different condition as to How from that imposed as to the other defendants, solely because certain allegations of the…

2Cases cited1 opinion

  1. First National Bank v. LincolnSupreme Court of Minnesota · 1886

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