St. Paul & Sioux City Railroad v. Gardner
Supreme Court of Minnesota
This action was brought in .the district court for Rams&y county, to recover the value of a quantity of wheat alleged to be the property of the plaintiff, and to have been converted by the defendants. The cause was tried before a referee, who reported in favor of the plaintiff for the amount claimed in the complaint. The defendants moved in the district court for an order to vacate and set aside such report, and for a new trial.
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This action was brought in .the district court for Rams&y county, to recover the value of a quantity of wheat alleged to be the property of the plaintiff, and to have been converted by the defendants. The cause was tried before a referee, who reported in favor of the plaintiff for the amount claimed in the complaint. The defendants moved in the district court for an order to vacate and set aside such report, and for a new trial. The motion was denied, and the defendants’ appeal from the order denying such motion. The case is sufficiently stated in the opinion.
1Opinion of the Court
By the Court.
Ripley, Ch. J.
This case was by order of the district court referred to George L. Otis, Esq., to hear, try and determine the issues therein, and report a judgment. The referee found for the plaintiff, and directed judgment to be entered accordingly. This appeal is taken by the defendants from the order of the district court denying their motion to set aside and vacate the report and grant a new trial.
The motion was based (.among others) upon the following grounds : “ Fourth. Because the said cause was not tried by a jury. Fifth. Because the said court ordered a reference against…
2Cases cited10 opinions
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- McMartin v. BinghamSupreme Court of Iowa · 1869
- Whallon v. BancroftSupreme Court of Minnesota · 1860
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bolton v. DonavanNorth Dakota Supreme Court · 1900
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
- Wann v. Northwestern Trust Co.Supreme Court of Minnesota · 1913
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- La Due v. First National BankSupreme Court of Minnesota · 1883
13 more not listed; retrieve them via the Exa API.