Minnesota Debenture Co. v. Johnson
Supreme Court of Minnesota
Action of ejectment in the district court for Hennepin county. The case was tried before Holt, J., who directed a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. Plaintiff moved to dismiss the appeal on the ground of defective notice. Motion to dismiss denied. On the motion to dismiss the following opinion was filed on October 27, 1905.
1Per curiam
Motion to dismiss the appeal herein on the ground that no sufficient notice of appeal was ever made or served.
The notice was in all respects complete, except that by inadvertence the word “applies” was used therein, instead of the word “appeals.” A notice of appeal is to be construed liberally, and held sufficient when *92its meaning is obvious. The meaning of the notice is this case was so-obvious that no one could be misled.
Motion denied.
On May 4, 1906, the following opinion was filed:
ELLIOTT, J.
In an action of ejectment the plaintiff prevailed and from an order denying a new trial the…
2Cases cited6 opinions
- Rayner v. LeeMichigan Supreme Court · 1870
- Minnesota Debenture Co. v. JohnsonSupreme Court of Minnesota · 1905
- Cutler v. Estate of ThomasSupreme Court of Vermont · 1852
- Blew v. RitzSupreme Court of Minnesota · 1901
- Widdifield v. WiddifieldSupreme Court of Pennsylvania · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Marriage of Kelly v. KellySupreme Court of Minnesota · 1985
- Evans v. WilliamsAppellate Court of Illinois · 1924
- Ferch v. HillerSupreme Court of Minnesota · 1941
- Otter Tail Power Co. v. Village of WheatonSupreme Court of Minnesota · 1951
- Tebay Land & Livestock Co. v. HastieMontana Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.