Duncan v. Everitt
Supreme Court of Minnesota
Appeal by defendants, John C. Perry and other®, from a judgment of the District Court of St. Louis County, Chas. M. Start, J., rendered January 9,1893, that they take nothing in this action. Appeal by Archibald J. Boyd from an order of the District Court of St. Louis County, C. L. Broion, J., made February 25,1893, denying his motion to open the judgment in this action and make him a party defendant therein and allow him to answer and have a retrial.
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Appeal by defendants, John C. Perry and other®, from a judgment of the District Court of St. Louis County, Chas. M. Start, J., rendered January 9,1893, that they take nothing in this action. Appeal by Archibald J. Boyd from an order of the District Court of St. Louis County, C. L. Broion, J., made February 25,1893, denying his motion to open the judgment in this action and make him a party defendant therein and allow him to answer and have a retrial. The plaintiffs, David A. Duncan, Charles A. Duncan and Frank A. Brewer were partners in business at Duluth and between July 11 and November 22,…
1Opinion of the CourtBuck, J.
The plaintiff commenced an action in the district court ■of St. Louis county against certain of the defendants, viz. Nellie M. Everitt individually and Charles A. Everitt and Lawrence F. Everitt, copartners as C. Everitt & Co., and the West Duluth Land ■Company, to foreclose a mechanic’s lien upon certain lots in West Duluth. Only the land company answered.
By stipulation of the parties pleading, one Scott Hex was appointed by the court to take proofs of such facts as were necessary to enable the court to give judgment in the premises, and to report the same to the court. Such facts were so…
2Cited by8 opinions
- In Re Estate of JordanSupreme Court of Minnesota · 1937
- Watkins v. LandonSupreme Court of Minnesota · 1897
- Hayward v. LarrabeeSupreme Court of Minnesota · 1908
- Marcus v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1916
- Bisseberg v. ReeSupreme Court of Minnesota · 1906
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