Dr. Ward's Medical Co. v. Wolleat
Supreme Court of Minnesota
Action in the district court for Becker county to recover $1,173.67 upon a written contract. The case was tried before Nye, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict in its favor, and a jury which returned a verdict in favor of defendant. Prom an order denying its motion for a new trial, plaintiff appealed.
1Opinion of the CourtHailam, J.
This ease was regularly on the calendar of the district court for trial and was tried and a verdict rendered for defendants. On motion of plaintiff a new trial was granted. No notice of trial was thereafter served, but the case remained on the calendar. At the opening of the succeeding term, about six weeks after the new trial was granted, plaintiff moved that the case be stricken from the calendar. The motion was denied and eight days later the case was called for trial, and was fully tried and a verdict rendered for defendants. Plaintiff contends that, after the case had been tried and…
2Cases cited3 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- Killackey v. KillackeyMichigan Supreme Court · 1909
- Mead v. BillingsSupreme Court of Minnesota · 1890
3Cited by2 opinions
- Anderson v. Connecticut Fire Insurance Co.Supreme Court of Minnesota · 1950
- Appeal of Meyer v. Village of Waite ParkSupreme Court of Minnesota · 1967