King v. McCarthy
Supreme Court of Minnesota
Appeal by defendants, Mary McCarthy, Mary Bell, James H. Bell, and John 0. McCarthy, from an order of the District Court of Ramsey County, Chas. D. Kerr, J., made March 1, 1893, denying their motion for a new trial. On April 21, 1884, Jeremiah 0. McCarthy owned lots four (4), five (5), six (6), and seven (7), in block one hundred and eighty pne (181), in Robertson’s Addition to West St. Paul.
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Appeal by defendants, Mary McCarthy, Mary Bell, James H. Bell, and John 0. McCarthy, from an order of the District Court of Ramsey County, Chas. D. Kerr, J., made March 1, 1893, denying their motion for a new trial. On April 21, 1884, Jeremiah 0. McCarthy owned lots four (4), five (5), six (6), and seven (7), in block one hundred and eighty pne (181), in Robertson’s Addition to West St. Paul. He was owing considerable sums of money, and there were several judgments docketed against him. There was a mortgage on these lots, and it had been foreclosed and the lots sold, and the time for…
1Opinion of the CourtMitchell, J.
After the decision of the former appeal 50 Minn. 222 (52 N. W. Rep. 648) the defendants demanded and obtained a second trial of this action, as being one for the recovery of real property. The only questions presented on the present appeal are —First, whether the plaintiff laid the proper foundation for the introduction of the testimony of E. W. Bell given on the former trial; and, second, whether the court allowed the defendant Mary McCarthy all the land to which she was entitled, as the homestead of her deceased husband.
1. It is not questionéd but that a proper- foundation was laid, within…
2Cases cited2 opinions
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- King v. McCarthySupreme Court of Minnesota · 1892
3Cited by14 opinions
- Jacobi v. StateSupreme Court of Alabama · 1901
- Toledo Traction Co. v. CameronCourt of Appeals for the Sixth Circuit · 1905
- McGovern v. HaysSupreme Court of Vermont · 1902
- State v. WilliamsNevada Supreme Court · 1905
- Hill v. WinstonSupreme Court of Minnesota · 1898
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