Legal Opinion

Stone v. Johnson

Supreme Court of Minnesota

Decided November 17, 1882PublishedCited by 3 opinions

Action by plaintiff in the district court for Meeker county, to recover for breach of covenants of seizin and right to convey, contained in a deed of land in that county, executed by defendants to plaintiff in March, 1879. A jury was waived, and the action tried; before Brown, J., who ordered judgment for the plaintiff, which was, entered and the defendants appealed.

Read the full summary

Action by plaintiff in the district court for Meeker county, to recover for breach of covenants of seizin and right to convey, contained in a deed of land in that county, executed by defendants to plaintiff in March, 1879. A jury was waived, and the action tried; before Brown, J., who ordered judgment for the plaintiff, which was, entered and the defendants appealed. No case or bill of exceptions was made, but the judge in his decision recites the following proceedings at the trial: “Upon the trial several objections were made, and the rulings thereon reserved, and the evidence received…

1Opinion of the CourtYanderburgh, J.

The defendants appeal from the judgment in this case. The record contains the judgment-roll, with the findings of fact and law of the district court. But there is no statement of *18the case or bill of exceptions. The sole ground of- error urged by appellants in argument before this court is the rejection of certain evidence on the trial. The judge, in his decision, sets forth the evidence in question, and his rulings thereon and defendants’ exception. It is insisted by the respondent that the exception is not properly before us, and that it cannot be considered on this appeal. In this he is…

2Cases cited3 opinions

  1. Stewart v. CooleySupreme Court of Minnesota · 1877
  2. Baker v. TerrellSupreme Court of Minnesota · 1863
  3. State v. CharlesSupreme Court of Minnesota · 1871

3Cited by3 opinions

  1. Coolbaugh v. RoemerSupreme Court of Minnesota · 1884
  2. D. M. Osborne & Co. v. WilliamsSupreme Court of Minnesota · 1888
  3. King v. KindredSupreme Court of Minnesota · 1888

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API