Lawler v. Counties of Rice
Supreme Court of Minnesota
Action in the district court for Eice county to restrain defendants from entering upon certain land or removing a certain fence. The ease was tried before Childress, J., who made findings and ordered the temporary injunction obtained by plaintiff to be made permanent. Defendants’ motion for amended findings and conclusions was denied, and their motion for a new trial was granted upon the specific issue stated below on this page.
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Action in the district court for Eice county to restrain defendants from entering upon certain land or removing a certain fence. The ease was tried before Childress, J., who made findings and ordered the temporary injunction obtained by plaintiff to be made permanent. Defendants’ motion for amended findings and conclusions was denied, and their motion for a new trial was granted upon the specific issue stated below on this page. From the order denying their motion for amended findings or for a new trial of all the issues in the action, defendants appealed.
1Opinion of the Court
On June 29, 1920, the following opinion was filed:
Pee CüRIAm.
Motion to dismiss on the ground that the appeal is from a nonappealable order. Defendants moved the court for amendment of the findings of fact and conclusions of law and in case this was denied for a new trial. The court refused to amend the findings but granted a new trial on this issue only, viz.: "Are the defendants and each of them threatening and intending to enter upon and take possession of the plaintiff’s said land lying west of said fence ?” on the ground that a finding to the effect that they so did was not supported by…
2Cases cited26 opinions
- Ayers v. WatsonSupreme Court of the United States · 1891
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Beardsley v. CraneSupreme Court of Minnesota · 1893
- Climer v. WallaceSupreme Court of Missouri · 1859
- Tarpenning v. CannonSupreme Court of Kansas · 1882
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3Cited by6 opinions
- Lundblad v. EricksonSupreme Court of Minnesota · 1930
- Vaught v. McClymondMontana Supreme Court · 1945
- Anderson v. JohanesenSupreme Court of Minnesota · 1923
- Hunt v. KeyeSupreme Court of Minnesota · 1921
- Moscrip v. Webster Lumber Co.Supreme Court of Minnesota · 1925
1 more not listed; retrieve them via the Exa API.