Mead v. Billings
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hubbard county, Sleeper, J., presiding, granting a new trial unless plaintiff should consent that the verdict in his favor be reduced from $1,116.88 to $384.32. The action was brought to recover $1,265.37, alleged to have been paid to defendant by plaintiff as usurious interest.
1Opinion of the CourtCollins, J.
Appeal from an order granting a new trial to defendant, unless tlie plaintiff should consent to a reduction of the amount awarded him by the verdict of a jury. There is no statement in either settled ease, or in the judged certificate of its settlement, that the case, as settled, contains all of the evidence received upon the trial. The party alleging error in an order granting a new trial must show it by the record; that is, from the record before this court it must affirmatively appear that the order ought not to have been granted; and, to justify us in reversing such an order, it must be…
2Cases cited2 opinions
- Chesley v. Mississippi & Rum River Room Co.Supreme Court of Minnesota · 1888
- Henry v. HinmanSupreme Court of Minnesota · 1875
3Cited by3 opinions
- Hardwick Farmers Elevator Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1910
- Brackett v. CunninghamSupreme Court of Minnesota · 1890
- Mead v. BillingsSupreme Court of Minnesota · 1890