Legal Opinion

Bray v. Doheny

Supreme Court of Minnesota

Decided November 12, 1888PublishedCited by 12 opinions

Appeal by defendant from the order of the district court for Sib-ley county Eclson, J., presiding, which is stated in the opinion.

1Opinion of the CourtG-ideillan, C. J.

In this case, which was an action in ejectment, plaintiff had a verdict, and judgment was entered upon it. The defendant, within the time prescribed by the statute, paid the costs, and demanded a second trial. About a month afterwards the attorneys for the respective parties signed a stipulation, agreeing “that the demand for a retrial of said action be and the same is hereby dismissed, without costs to either party.” Defendant afterwards moved to set aside this stipulation, which motion was denied, and the defendant appeals.

*356The only ground on which it is claimed the stipulation ought to be…

2Cases cited2 opinions

  1. McCormick v. FitchSupreme Court of Minnesota · 1869
  2. Ætna Insurance Co. v. GrubeSupreme Court of Minnesota · 1861

3Cited by12 opinions

  1. August Berger v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1895
  2. Gibson v. NelsonSupreme Court of Minnesota · 1910
  3. Eidam v. FinneganSupreme Court of Minnesota · 1892
  4. Rodgers v. United States & Dominion Life InsuranceSupreme Court of Minnesota · 1914
  5. Wells v. PenfieldSupreme Court of Minnesota · 1897

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