Maxwell v. Schwartz
Supreme Court of Minnesota
Appeal by A. E. Capehart, one of the defendants from a judgment of the Municipal-Court of the City of St. Paul, H. W. Cory, J., rendered against him and Olin S. Schwartz, April 20,1893, for $279.70. On June 11, 1892, defendant Schwartz gave his promissory note to plaintiff for $250 and interest due in thirty days. Defendant ■Capehart guarantied the payment of the note in writing indorsed thereon. This action was commenced August 17, 1892, against the maker and guarantor.
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Appeal by A. E. Capehart, one of the defendants from a judgment of the Municipal-Court of the City of St. Paul, H. W. Cory, J., rendered against him and Olin S. Schwartz, April 20,1893, for $279.70. On June 11, 1892, defendant Schwartz gave his promissory note to plaintiff for $250 and interest due in thirty days. Defendant ■Capehart guarantied the payment of the note in writing indorsed thereon. This action was commenced August 17, 1892, against the maker and guarantor. Capehart served an answer which the Court on September 19, 1892, struck out as sham. Both defendants appealed from the…
1Opinion of the CourtGileillan, C. J.
In the court below an order was made striking out the answer as sham. From this order the defendants appealed to this court, and at the last April term the order was affirmed for *415failure of the appellants to comply with the rule requiring the paper book and assignments of error to-be served. Judgment for plaintiff having been entered in the court below, the defendants bring this appeal therefrom. The only error claimed is in making the order •striking ont the answer. That matter is res adjudicata by the former judgment of this court, and cannot be again called in question on an appeal from…
2Cases cited1 opinion
- Schleuder v. CoreySupreme Court of Minnesota · 1883
3Cited by7 opinions
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- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Orr v. SuttonSupreme Court of Minnesota · 1914
- Bradley v. NorrisSupreme Court of Minnesota · 1896
- Maxwell v. CapehartSupreme Court of Minnesota · 1895
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