Legal Opinion

Barker v. Todd

Supreme Court of Minnesota

Decided October 28, 1887PublishedCited by 3 opinions

Appeal by defendants from an order of the district court for Dakota county, refusing a new trial, after a trial before Crosby, J., and verdict for plaintiff.

1Opinion of the Court

Vanderburgh, J

The first, second, and third assignments of error embrace objections to certain instructions to the jury. But no exceptions were taken at the trial to any portions of the charge of the court. It appears from the settled case that the exceptions now relied on were made after verdict, upon the motion for a new trial, and were then noted, allowed, and considered by the court. But such exceptions were then too late, and are ineffectual for any purpose. The defendant must be deemed to have acquiesced in the charge as given, by failing to object and call the attention of the court to…

2Cases cited2 opinions

  1. Wilson v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1886
  2. Byrne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1882

3Cited by3 opinions

  1. Valerius v. RichardSupreme Court of Minnesota · 1894
  2. American Engine Co. v. CrowleySupreme Court of Minnesota · 1908
  3. Esterly-Hoppin Co. v. BurnsSupreme Court of Minnesota · 1916

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