Clark v. Martin
Supreme Court of Minnesota
Action in the district court for Roseau county to set aside a judgment entered against plaintiff in February, 1916, and an execution sale thereunder of real estate.
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Action in the district court for Roseau county to set aside a judgment entered against plaintiff in February, 1916, and an execution sale thereunder of real estate. The case was tried before Watts, J., who when plaintiff rested denied defendants’ motion to dismiss the action, made findings and ordered judgment in favor of plaintiff and against George Marvin, setting aside the judgment for $294.70 entered against her as defendant on January 13, 1916, but not setting aside the judgment entered against her husband, Robert Clark. From an order denying their motion for judgment notwithstanding the…
1Opinion of the CourtBunn, J.
In 1914 plaintiff and Robert Clark, her husband, lived in the village of Warroad, Minnesota. He owned lots 1 to 6 inclusive in block 2 of an addition to the village, and plaintiff owned lots 7 to 12 inclusive, in the same block, adjoining the lots owned by her husband. A house on lots 1 and 2 was destroyed by fire, and Robert Clark purchased lumber of defendant Marvin to build a new house on lots 1, 2 and 3. The Clarks moved to North Dakota, leaving a balance of the lumber bill unpaid. In January, 1916, judgment was entered against Robert Clark and Elizabeth Clark, his wife, in a suit brought…
2Cases cited2 opinions
- Geisberg v. O'LaughlinSupreme Court of Minnesota · 1903
- Cremer v. MicheletSupreme Court of Minnesota · 1911
3Cited by5 opinions
- In Re Estate of JordanSupreme Court of Minnesota · 1937
- Henslin v. WingenSupreme Court of Minnesota · 1938
- Lenhart v. Lenhart Wagon Co.Supreme Court of Minnesota · 1941
- Fleischmann v. Northwestern National Bank & Trust Co.Supreme Court of Minnesota · 1935
- Mason v. MacNeilSupreme Court of Minnesota · 1932