Legal Opinion

Von Glahn v. Sommer

Supreme Court of Minnesota

Decided January 15, 1866PublishedCited by 4 opinions

This action was commenced in the District Court for Brown county. Trial was had before the court without a jury. The court filed its decision or finding, which, after reciting the facts found, concluded as follows: “ Ordered, that the plaintiff herein have judgment as prayed for in his complaint.” No judgment was entered. The defendant appeals to this Court, and a motion is made to dismiss the appeal.

1Opinion of the Court

By the Gowrt

Wilson, C. J.

A jury having been waived in this action, the issues of law and fact were submitted to the court for trial. After hearing the evidence offered, and the arguments of counsel, the court filed a decision or finding, as required by statute.

After finding the facts, the decision concluded as follows: “Ordered, that the plaintiff herein have judgment as prayed for in his complaint.”

*204The statute provides that, iu giving the decision, the facts found and the conclusions of law must be separately stated. The decision in this case was a substantial compliance with the requirement…

2Cases cited1 opinion

  1. Ames v. Mississippi Boom Co.Supreme Court of Minnesota · 1863

3Cited by4 opinions

  1. Child v. MorganSupreme Court of Minnesota · 1892
  2. Lamb v. McCannaSupreme Court of Minnesota · 1869
  3. Cole v. MaxfieldSupreme Court of Minnesota · 1868
  4. Thompson v. HoweSupreme Court of Minnesota · 1874

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