Herrick v. Marotte
Supreme Court of Minnesota
Action to quiet title, brought in the district court for Morrison county. The facts in this ease are similar to those of the last preceding case, Herrick v. Butler, excepting that, in this action, the defendants answered separately, and, upon dismissal, entered separate judgments. The order appealed from in Herrick v. Butler was also made in this action and is appealed from by plaintiff.
1Opinion of the Court
VaNderhuroh, J.*
The files and papers in this case appear to have been left in a loose and confused state. The judgment-roll was imperfect, and only a part of the record which was used on the motion to set aside the judgments was embraced in the original return made to this court upon this appeal. The additional return which was allowed in this case was therefore proper, and we think, upon the showing made by the respondent upon appellant’s motion to *160strike it out, that such motion should be denied, and the additional return be permitted to stand.
Judgment of dismissal was entered upon the…
2Cited by1 opinion
- Myrick v. CoursalleSupreme Court of Minnesota · 1884