Fogle v. Schaeffer
Supreme Court of Minnesota
At the trial in the court of common pleas of Hennepin county, before Young, J., (a. jury being waived,) the defendant, at the close of plaintiff’s case, moved for a dismissal, on the ground that the plaintiff’s allegations of his-appointment as a foreign administrator, and' of the filing of such appointment in the probate court of Hennepin county, were put in issue by the answer, and no evidence had been offered to prove them. The motion was denied, the defendant excepting.
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At the trial in the court of common pleas of Hennepin county, before Young, J., (a. jury being waived,) the defendant, at the close of plaintiff’s case, moved for a dismissal, on the ground that the plaintiff’s allegations of his-appointment as a foreign administrator, and' of the filing of such appointment in the probate court of Hennepin county, were put in issue by the answer, and no evidence had been offered to prove them. The motion was denied, the defendant excepting. No evidence was offered by the defendant, and thereafter the court ordered judgment for plaintiff. A new trial was…
1Opinion of the CourtBerry, J.
This is aii action brought in the court of common pleas of Hennepin- county, upon a judgment against the defendant recovered in Stark county, Ohio, by Frances Fogle, as administratrix of the- estate of Lewis Fogle, deceased. The complaint alleges-that, “ after the recovery of the judgment, said Frances Fogle, administratrix, departed this life, and this plaintiff was, thereupon, to wit, on or about April 14, 1875, duly appointed and quali*305tied, by and in the probate court of said county of Stark, as administrator cle bonis non of the estate of said Lewis Fogle, deceased, and has since been and…
2Cases cited4 opinions
- Noonan v. BradleySupreme Court of the United States · 1870
- Gott v. Adams Express Co.Massachusetts Supreme Judicial Court · 1868
- Kingsley v. GilmanSupreme Court of Minnesota · 1867
- Fetz v. C. S. Clark & Co.Supreme Court of Minnesota · 1862
3Cited by5 opinions
- Campbell v. HughesSupreme Court of Alabama · 1907
- Pope v. WaughSupreme Court of Minnesota · 1905
- Somers v. DawsonSupreme Court of Minnesota · 1902
- Langford v. MerickelDistrict Court, D. Minnesota · 1961
- Gilhooley v. Columbus Railway, Power & Light Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1918