Bishop Iron Co. v. Hyde
Supreme Court of Minnesota
Appeal by defendant Thomas W. Hyde from two judgments of the district court for St. Louis county, one in favor of plaintiff entered pursuant to the findings and order of Ensign, J., and the other entered by the clerk in favor of the defendants, other than appellant, Hyde, upon an order of the court sustaining their demurrer to the cross bill of said Hyde.
1Opinion of the CourtMitchell, J.
Every question presented by the first ten assignments of error is covered by the decision on the former appeal (66 Minn. 24, 68 N. W. 95).
By the eleventh assignment of error it is sought to make the point that the judgment entered by the clerk in favor of the respondents, other than the plaintiff, was not the proper one to enter upon the order sustaining their demurrer to the defendants’ cross bill. The error complained of was not that of the court, but that of the clerk, and the remedy is not by appeal from the judgment, but by application to the trial court to have the judgment corrected;…
2Cases cited2 opinions
- Scott v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1889
- Bishop Iron Co. v. HydeSupreme Court of Minnesota · 1896
3Cited by1 opinion
- Cherveny v. HemzaSupreme Court of Minnesota · 1916