Legal Opinion

Tierney v. Gondereau

Supreme Court of Minnesota

Decided November 30, 1906No. Nos. 14,935—(117)PublishedCited by 2 opinions

Appeal by defendant from ah order of the district court for Sibley county, Morrison, J., granting a motion to strike the case from the calendar.

1Opinion of the CourtBrown, J.

This action was brought under the provisions of chapter 68, p. 185, Laws 1893 (R. L. 1905, § 4454, et seq.), to determine the boundary line between the adjoining farms of the respective parties.

Plaintiff had judgment, establishing the disputed line, whereupon defendant paid the costs and demanded a second trial, under section 4430, R. L. 1905. From an order denying the right, and striking the case from the calendar on the ground that the statute referred to did not apply to the case, defendant appealed.

It is clear that the ruling of the trial court was right. The action is solely one to have…

2Cases cited2 opinions

  1. Phillips v. MoSupreme Court of Minnesota · 1905
  2. Heins v. Board of County CommissionersSupreme Court of Minnesota · 1905

3Cited by2 opinions

  1. Buffalo Land & Exploration Co. v. Hugh P. StrongSupreme Court of Minnesota · 1907
  2. Tew v. WebsterSupreme Court of Minnesota · 1908

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