Merchants' National Bank v. Gaslin
Supreme Court of Minnesota
Action in the district court for Anoka county, on a judgment for $14,592.02, recovered by plaintiff against defendant in the district court for Hennepin county. Defence (among others) that plaintiff was dissolved prior to the bringing of the action.
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Action in the district court for Anoka county, on a judgment for $14,592.02, recovered by plaintiff against defendant in the district court for Hennepin county. Defence (among others) that plaintiff was dissolved prior to the bringing of the action. At the trial before Young, J., the defendant offered in evidence a certified copy of the resolution mentioned in the opinion for closing up plaintiff’s affairs, and appointing trustees for that purpose, which was objected to and excluded. A verdict was directed for plaintiff, and the defendant appeals from an order refusing a new trial.
1Opinion of the Court
Gileillan, C. J.1
It is generally conceded in the United States that at common law an action may be brought on a judgment, whether foreign or domestic. The right to bring such an action is recognized by the statute in this state. Section 6, c. 67, Gen. St. 1878, in order to prevent such actions being brought vexatiously, provides that “costs cannot be allowed in an action on a judgment of a court of this state between the same parties, unless such action was brought with previous leave of the court, for cause shown.” The fact that *553the stockholders, by the vote of the requisite two-thirds,…
2Cited by7 opinions
- Planten v. National Nassau BankAppellate Division of the Supreme Court of the State of New York · 1916
- Dobler v. BawdenSupreme Court of Iowa · 1947
- Wilson v. First State BankSupreme Court of Kansas · 1908
- Fagan v. Texas Co.Court of Appeals of Texas · 1920
- Holland Banking Co. v. Continental Nat. Bank of Jackson CountyDistrict Court, W.D. Missouri · 1930
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