Legal Opinion

Tilley v. Cobb

Supreme Court of Minnesota

Decided January 25, 1894No. 8400PublishedCited by 6 opinions

Appeal by defendants, Nelson Cobb, Albert YY. Sexton, Deming YY. Sexton, Robert A. Beckwith and Albert B. Clampet, from a judgment of the District Court of Hennepin County, Thomas Canty, J., entered February 15, 1893. The plaintiff, John J. Tilley, brought this action October 2, 1891, under 1878 Gf.

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Appeal by defendants, Nelson Cobb, Albert YY. Sexton, Deming YY. Sexton, Robert A. Beckwith and Albert B. Clampet, from a judgment of the District Court of Hennepin County, Thomas Canty, J., entered February 15, 1893. The plaintiff, John J. Tilley, brought this action October 2, 1891, under 1878 Gf. S. ch. 75, § 2, to determine the adverse claims of the five defendants above named and of twenty five others named and of all other persons unknown, to block nine (9) in Oakland Addition to Minneapolis. All the defendants disclaimed except the five above named. They made and filed a petition and…

1Opinion of the CourtCollins, J.

The District Court in which this action was brought had jurisdiction of the subject-matter and of the parties. Its right and power, as wTell as its duty, to proceed to a trial after the Federal Court had refused to entertain the case, and had remanded it, ought not to be challenged. The ruling of the latter when remanding cannot be reviewed in the state courts. Judgment affirmed.

Canty, J, having tried the case as a District Judge, took no part»

(Opinion published 57 N. W. Rep. 799.)

2Cases cited1 opinion

  1. Robbins v. MorganSupreme Court of Minnesota · 1894

3Cited by6 opinions

  1. Lake Erie & Western Railroad v. HuffmanIndiana Supreme Court · 1912
  2. Smithson v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1898
  3. Feeney v. Wabash RailroadMissouri Court of Appeals · 1907
  4. Delpit v. United States Shipping Board Emergency Fleet Corp.California Court of Appeal · 1931
  5. Ewert v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1914

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