Legal Opinion

Whitacre v. Culver

Supreme Court of Minnesota

Decided January 15, 1863PublishedCited by 1 opinion

APPEAL EROM THE DISTRICT COURT OP RAMSEY COUNTY. Points and Authorities for Appellant. X — Errors in law excepted to by Defendant. 1st. The learned Court below erred in admitting the answer of the Plaintiff to the 3d, 4th, 5th,,6th, 7th, 8th and 9th interrogatories (as well as said interrogatories) contained in Plaintiff ’s deposition.

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APPEAL EROM THE DISTRICT COURT OP RAMSEY COUNTY. Points and Authorities for Appellant. X — Errors in law excepted to by Defendant. 1st. The learned Court below erred in admitting the answer of the Plaintiff to the 3d, 4th, 5th,,6th, 7th, 8th and 9th interrogatories (as well as said interrogatories) contained in Plaintiff ’s deposition. Also, in not charging the jury as prayed by the Defendant, on his first, second, fourth, fifth and sixth written points submitted to the Court. Also, in the general charge of the Court to the jury upon tlie subject of estoppel; all of which was excepted to by…

1Opinion of the Court

*135 By the Court.

Atwatee, J.

This. case was- before this Court at the December Term, 1861, and a new trial was granted. The second trial was before a jury, which found - a verdict in-favor of the Plaintiff. The Defendant moved for a new trial, which motion was overruled, and from the order entered thereon the Defendant appealed to this Court. The facts will sufficiently appear for a proper understanding of the case in the opinion of the Court, reported in the 6th Minn.

There were two issues presented for trial before the jury, to wit: 1st, Whether the note was originally given without…

2Cases cited1 opinion

  1. Combs v. CooperSupreme Court of Minnesota · 1861

3Cited by1 opinion

  1. Ferguson v. Connecticut Co.Supreme Court of Connecticut · 1914

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