Legal Opinion

Reed v. Pixley

Supreme Court of Minnesota

Decided April 19, 1876PublishedCited by 2 opinions

Appeal by plaintiffs from an order of the district court for McLeod county refusing a new trial, after a trial by jury before John H. Brown, J., sitting for the judge of the eighth •district.

1Opinion of the Court

Berrt, J.2

This is an action upon an account stated between plaintiffs jointly, on the one hand, and defendants jointly on the other. The separate answers of the defendants put in issue the stating of the account. Under this issue it was competent for either defendant to show that the account was not stated by him or her; but if the plaintiffs proved the stating of the account by one of the defendants, they were entitled to recover against that one alone under Laws 1873, ch. 67'. It follows that the court below erred in instructing the jury, in effect, that, as defendants were *541jointly sued, it…

2Cited by2 opinions

  1. Reid v. TopperArizona Supreme Court · 1927
  2. Miles v. WannSupreme Court of Minnesota · 1880

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