Legal Opinion

Moody v. Tschabold

Supreme Court of Minnesota

Decided December 23, 1892PublishedCited by 13 opinions

Appeal by plaintiff, D. Moody, from a judgment of the District. Court of Clay County, Holland,. J., entered April 18, 1892. This action was begun June 1, 1888, against J. F. Tschabold and P. E. Thompson, defendants, to foreclose a lien for $188.32, the price of materials sold by plaintiff to Tschabold on July 2,1887, and which he used in constructing a house on lot twenty-two (22) in block thirty (-30) in Barnesville.’ Tschabold then held a contract from the owner Thompson…

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Appeal by plaintiff, D. Moody, from a judgment of the District. Court of Clay County, Holland,. J., entered April 18, 1892. This action was begun June 1, 1888, against J. F. Tschabold and P. E. Thompson, defendants, to foreclose a lien for $188.32, the price of materials sold by plaintiff to Tschabold on July 2,1887, and which he used in constructing a house on lot twenty-two (22) in block thirty (-30) in Barnesville.’ Tschabold then held a contract from the owner Thompson for the purchase of the lot. On January 3, 1888, Tschabold quitclaimed his interest in the lot to Thompson. This…

1Opinion of the CourtMitchell, J.

Most of the points which plaintiff and appellant seeks to raise are not presented by any sufficient assignments of error. The first and sixth assignments cannot be considered, for two reasons: First. They are not included in the points relied on in the brief, and must therefore be considered as abandoned. Smith v. Bean, 46 Minn. 138, (48 N. W. Rep. 687.) Second. They are in themselves insufficient, because too general. An assignment that “the court erred in denying a motion for a new trial,” where the motion was made on two or more distinct grounds, is insufficient. Stevens v. City of…

2Cases cited3 opinions

  1. Stevens v. City of MinneapolisSupreme Court of Minnesota · 1889
  2. Smith v. KippSupreme Court of Minnesota · 1892
  3. Smith v. BeanSupreme Court of Minnesota · 1891

3Cited by13 opinions

  1. Nye v. KahlowSupreme Court of Minnesota · 1906
  2. Turner v. CyrusOregon Supreme Court · 1919
  3. Adams v. City of Thief River FallsSupreme Court of Minnesota · 1901
  4. Combination Steel & Iron Co. v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1893
  5. Pacific Spruce Corp. v. Oregon Portland Cement Co.Oregon Supreme Court · 1930

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