Shorts v. Cheadle
Supreme Court of Minnesota
APPEAL EBOM THE DISTRICT COURT OE BICE COUNTY. The facts in this case are sufficiently stated in the opinion of the Court. The cause was originally argued at the December term, 1861, and the opinion now published was filed on the first day of July, 1862. At the July term, 1862, a motion for a re-argument was made, upon the ground that the case was decided on a point not raised upon the argument.
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APPEAL EBOM THE DISTRICT COURT OE BICE COUNTY. The facts in this case are sufficiently stated in the opinion of the Court. The cause was originally argued at the December term, 1861, and the opinion now published was filed on the first day of July, 1862. At the July term, 1862, a motion for a re-argument was made, upon the ground that the case was decided on a point not raised upon the argument. After hearing a motion for a re-argument, the Court ordered the original opinion to remain on file as the decision of the Court. Points and Authorities for Appellant. Section?,, chap. 75, p. 611 of…
1Opinion of the Court
By the Court
Atwater, J.
The Plaintiff, Shorts, brought his action to recover of Cheadle the sum of two hundred and twenty-five dollars, money which the complaint alleged the Defendant had received as sheriff of Le Sueur County, on a sale of mortgaged premises, the sheriff acting as auctioneer. The mortgage was held and owned by Plaintiff, The purchaser was one McOutcheon, who bid and paid for the premises at public sale thereof, the sum of four hundred and fifteen dollars, of which the complaint alleged only the sum of one hundred and ninety dollars was paid the Plaintiff.
The answer admitted…
2Cited by1 opinion
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