Volmer v. Stagerman
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Washington county, in February, 1873, alleging in his complaint that the defendants are husband and wife; that on January 10, 1870, a judgment for $398.70 was duly rendered and docketed in his favor and against the defendant August Stagerman and one Wolf; that no time thereafter have the judgment debtors possessed any property out of which the judgment or any part thereof could have been satisfied; that on July 16,…
Read the full summary
The plaintiff brought this action in the district court for Washington county, in February, 1873, alleging in his complaint that the defendants are husband and wife; that on January 10, 1870, a judgment for $398.70 was duly rendered and docketed in his favor and against the defendant August Stagerman and one Wolf; that no time thereafter have the judgment debtors possessed any property out of which the judgment or any part thereof could have been satisfied; that on July 16, 1870, and while the judgment was in full force, an agreement was made between the plaintiff and the defendant August…
1Opinion of the CourtBerry, J.
In this case, the plaintiff’s counsel moves for a reargument, upon the ground that, in the opinion heretofore filed herein, this court fell into an error of fact as respected a certain blank note. Upon further examination of the complaint, we have come to the conclusion that the counsel is right, and that the court erred in holding that allegations of the complaint relating to the blank note were essential parts of the plaintiff’s cause of action, and in overlooking the fact that, irrespective of these allegations, the complaint, as will hereafter appear, states a good cause of action. The…
2Cases cited3 opinions
- Thompson v. MyrickSupreme Court of Minnesota · 1877
- Searles v. ThompsonSupreme Court of Minnesota · 1872
- McCormick v. MillerSupreme Court of Minnesota · 1873
3Cited by2 opinions
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
- O'Hara v. H. L. Collins Co.Supreme Court of Minnesota · 1901