Fowlds v. Evans
Supreme Court of Minnesota
Appeal by plaintiff, William Fowlds, from an order of the District Court of Pope County, Searle, J., made August 4, 1892, denying his motion for a new trial. The defendant the Duluth, Huron & Denver Bailroad Company, a corporation, entered into a contract with the defendant A. L. Evans of Chicago, Illinois, to construct a part of its line of railway between Sauk Center, in Stearns county, and Appleton, in the county of Swift.
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Appeal by plaintiff, William Fowlds, from an order of the District Court of Pope County, Searle, J., made August 4, 1892, denying his motion for a new trial. The defendant the Duluth, Huron & Denver Bailroad Company, a corporation, entered into a contract with the defendant A. L. Evans of Chicago, Illinois, to construct a part of its line of railway between Sauk Center, in Stearns county, and Appleton, in the county of Swift. On July 16, 1887, Evans sublet a portion of the work to plaintiff, who agreed to commence said work in ten days from that date, and to prosecute the same with such force…
1Opinion of the CourtCollins, J.
This was an action to foreclose a lien against the line-of railway owned by defendant company, under the provisions of 1878 G. S. ch. 90. Defendant Evans had contracted with the company to. construct about ninety miles of road, and plaintiff was -his subcontractor under two contracts; one dated the 16th, the other the 28th, day of July, 1887. Other subcontractors were made defendants. On findings of fact the court below ordered judgment in favor of defendant, company, and this appeal is from a judgment entered upon an order-refusing a new trial. Thirty-four assignments of error are presented…
2Cases cited4 opinions
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Wheeler v. . ScofieldNew York Court of Appeals · 1876
- Grant, Alexander & Co. v. Savannah, Griffin & North Alabama RailroadSupreme Court of Georgia · 1874
- Neibles v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887
3Cited by6 opinions
- Falconer v. SimmonsWest Virginia Supreme Court · 1902
- Ottumwa Bridge Co. v. CorriganSupreme Court of Missouri · 1913
- Ziegler v. Denver Hog Serum Co.Supreme Court of Minnesota · 1938
- Merchant v. HowellSupreme Court of Minnesota · 1893
- Fowlds v. EvansSupreme Court of Minnesota · 1895
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