Price v. Churchill
Supreme Court of Minnesota
Action in the district court for Itasca county to enforce a lumberman’s lien. Defendant Churchill defaulted and Carney Brothers Company intervened, claiming ownership of the property free of incumbrance. The case was tried before Holland, J., who found in favor of the intervenor. From an Order, Mc-Clenahan, J., granting a motion for a'new trial, the intervenor appealed.
1Opinion of the CourtBrown, J.
Action to foreclose a lien. It was tried before Judge Holland, of the Fifteenth judicial district, without a jury, who made findings of fact and conclusions of law, ordering judgment for the intervenor. Thereafter plaintiff moved before Judge McClenahan, successor in office to Judge Holland, for a new trial of the action on the ground, among others, that the findings of fact were not justified by the evidence. The motion was granted, and the intervenor appealed.
The only question in the case is whether the evidence is so clearly in favor of the findings of Judge Holland as to make it an abuse…
2Cases cited4 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Hughley v. City of WabashaSupreme Court of Minnesota · 1897
- Reynolds v. ReynoldsSupreme Court of Minnesota · 1890
- Koktan v. KnightSupreme Court of Minnesota · 1890
3Cited by2 opinions
- Noonan v. SpearSupreme Court of Minnesota · 1914
- School District No. 1, Itasca County v. AitonSupreme Court of Minnesota · 1928