Gran v. Spangenberg
Supreme Court of Minnesota
Appeal by defendant Charles Spangenberg, from an order of the District Court of Washington -County, W. C. Williston, J„ made July 25, 1892, denying his motion for a new trial. The plaintiffs Edward C. Gran, Edmund E. Bristol and Lando F. Gran were partners in business, and in 1891 drilled and tubed a well for defendant, and sold him a windmill, and set it up over the well.
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Appeal by defendant Charles Spangenberg, from an order of the District Court of Washington -County, W. C. Williston, J„ made July 25, 1892, denying his motion for a new trial. The plaintiffs Edward C. Gran, Edmund E. Bristol and Lando F. Gran were partners in business, and in 1891 drilled and tubed a well for defendant, and sold him a windmill, and set it up over the well. Their bill amounted to $364.50. They admitted that defendant had paid them $216.86 upon the account, and they brought this action to recover the balance, $147.64. Defendant answered that he had paid them in full. That was…
1Opinion of the CourtGilfillan, C. J.
We are unable to agree upon a result in this case. The order in which a trial shall be conducted is to some *45extent in the discretion of the trial court, and, unless its direction as to such order may have prejudiced a party, a new trial will not he ordered because of such direction. The defendant, having the affirmative on the evidence, was strictly entitled to close the arguments to the jury; but the issue was so simple and brief that the closing argument could hardly have been an advantage, and we cannot see that giving the closing to the plaintiffs could have prejudiced the defendant.
We…
2Cases cited1 opinion
- Petzold v. PetzoldSupreme Court of Minnesota · 1893
3Cited by11 opinions
- Barlau v. Minneapolis-Moline Power Implement Co.Supreme Court of Minnesota · 1943
- Frank Sullivan Company v. Midwest Sheet Metal WorksCourt of Appeals for the Eighth Circuit · 1964
- Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923
- Payne v. Commercial National BankCalifornia Supreme Court · 1917
- Heidlebaugh v. MillerCalifornia Court of Appeal · 1954
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