Warren v. Ward
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Mille Lacs county, Searles, J., denying a motion to satisfy and discharge of record a judgment for $1,484.68 theretofore entered and docketed against defendants in favor of plaintiff.
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Appeal by defendants from an order of the district court for Mille Lacs county, Searles, J., denying a motion to satisfy and discharge of record a judgment for $1,484.68 theretofore entered and docketed against defendants in favor of plaintiff. As to the power of the court to grant relief see G. S. 1894, § 5435; Lough v. Pitman, 26 Minn. 345; Woodford v. Reynolds, 36 Minn. 155; Rother v. Monahan, 60 Minn. 186. The judgment complained of did not conclude the rights and defenses of the parties subsequently arising out of the contract upon which the judgment was founded, nor preclude such…
1Opinion of the CourtLovely, J.
Motion to have a judgment satisfied and discharged of record, upon the claim that such relief should be granted as a matter of equitable right, under G. S. 1894, § 5435. The motion was denied by the court below, and this appeal- is from that order.
The application to have the judgment discharged was based upon a showing by affidavits of the applicants from which it appeared that on July 19, 1892, respondent agreed to convey to appellants, for the sum of $3,000, one hundred twenty acres of land, $1,000 of the pur*256chase money being paid on the execution of the contract, while $500 was to be paid…
2Cases cited1 opinion
- Woodford v. ReynoldsSupreme Court of Minnesota · 1886
3Cited by25 opinions
- Olson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914
- Blenz v. FogleWashington Supreme Court · 1923
- Roney v. H. S. Halvorsen Co.North Dakota Supreme Court · 1914
- Lawrence Zirinsky v. James L. Sheehan, John D. Sheehan and Brooklyn Center Industrial Park, Inc.Court of Appeals for the Eighth Circuit · 1969
- West v. WalkerSupreme Court of Minnesota · 1930
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