Exley v. Berryhill
Supreme Court of Minnesota
Appeal by defendant Berryhill from a judgment entered upon his" default in the district court for Ramsey county, Wilkin, J., presiding. A statement of the case will be found in the report of a former appeal, 36 Minn. 117.
1Opinion of the CourtDickinson, J.
The principal facts in this case, and our decision upon a former appeal in this action, may be found in 36 Minn. 117, (30 N. W. Rep. 436.) This is an appeal from the judgment.
1. The appeal by the defendant from the order of June 3d (allowing the defendant to answer notwithstanding his default, only upon the specified terms) was not effectual to stay all further proceedings in the action. An appeal from an order, the proper bond being executed, stays “all proceedings thereon.” Gen. St. 1878, c. 86, § 10. But the entry of judgment was not a proceeding based upon or dependent upon the order…
2Cases cited3 opinions
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Scott v. AustinSupreme Court of Minnesota · 1887
- Exley v. BerryhillSupreme Court of Minnesota · 1886
3Cited by7 opinions
- Missouri, Kansas & Texas Trust Co. v. KrumseigSupreme Court of the United States · 1899
- Missouri, K. & T. Trust Co. v. KrumseigCourt of Appeals for the Eighth Circuit · 1896
- Trauernicht v. KingstonSupreme Court of Minnesota · 1923
- Sibley v. WeinbergWisconsin Supreme Court · 1902
- Mathews v. Missouri, Kansas & Texas Trust Co.Supreme Court of Minnesota · 1897
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