Rees v. Storms
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $50. The-case was tried before C. D. Smith, J., who, at the conclusion of the testimony, granted a motion for judgment in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial defendant appealed.
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Action in the municipal court of Minneapolis to recover $50. The-case was tried before C. D. Smith, J., who, at the conclusion of the testimony, granted a motion for judgment in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial defendant appealed. The complaint of plaintiff and respondent, a landlord, sought judgment-against defendant and appellant, the tenant, for $50 rent of described premises remaining unoccupied for the month of November under a written lease. The answer was a general denial. On trial it. appeared that-the premises had originally been…
1Opinion of the CourtJaggard, J.
(after stating the facts as above).
The essential question presented by the assignments of error is whether the trial court erred in refusing to allow the proposed amendment and in excluding the offered testimony. A determination of this question calls for a brief animadversion to the fundamental principle of code pleading that the person sought to be charged may assert as many defenses and counterclaims as he has. Section 4132, R. L. 1905. The avowed purpose of the so-called reformed procedure was, among other things, to correct and avoid certain conspicuous evils which grew up in the…
2Cases cited8 opinions
- Backdahl v. Grand Lodge Ancient Order of United WorkmenSupreme Court of Minnesota · 1891
- Minneapolis Co-operative Co. v. WilliamsonSupreme Court of Minnesota · 1892
- Gammon v. GanfieldSupreme Court of Minnesota · 1890
- Hardman v. KelleySouth Dakota Supreme Court · 1905
- Hausman v. MulheranSupreme Court of Minnesota · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McAlpine v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1916
- Fitch v. MartinNebraska Supreme Court · 1908
- Rogers v. Clark Iron Co.Supreme Court of Minnesota · 1908
- Sargent v. BryanSupreme Court of Minnesota · 1924
- Erickson v. BjertnessSupreme Court of Minnesota · 1926
5 more not listed; retrieve them via the Exa API.