Legal Opinion

Franklin v. Warden

Supreme Court of Minnesota

Decided January 15, 1864PublishedCited by 11 opinions

APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities for Appellant. I. The proceedings in the Circuit Court of Grant County, Wisconsin, though in the name of the Appellants as Plaintiffs, were not taken nor prosecuted by them, nor by their authority: they cannot therefore he hound by them. Comp. Sts., 66T; Graham’s Prac., 45 to 47 inclusive and cases there cited; 8 John. Rep., 361; 10 Id., 220;, 11 Id., 467. II.

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APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities for Appellant. I. The proceedings in the Circuit Court of Grant County, Wisconsin, though in the name of the Appellants as Plaintiffs, were not taken nor prosecuted by them, nor by their authority: they cannot therefore he hound by them. Comp. Sts., 66T; Graham’s Prac., 45 to 47 inclusive and cases there cited; 8 John. Rep., 361; 10 Id., 220;, 11 Id., 467. II. The case does not show that the Appellants have acquired any title to, or even a lien upon, the lands in Wisconsin or any part or portion, of tbem. 4 Phillips’ Ev.…

1Opinion of the Court

By the Court

Emmett, C. J.

This record discloses the following facts: On the 5th day of November, A. D. 1858, the Defendants, John B. and William G. Warden, by them firm name of J. B. Warden & Son, recovered, in the District Court of Ramsey County, a judgment for the sum of 85,131.88 against the other Defendants herein, on a eontract or demand in which Defendants Dunwell and Cave were principals, and Defendants Rice and Becker sureties only. The judgment was regularly docketed the same day, and thereby became a lien upon all the real estate of the several Defendants therein situated in said…

2Cited by11 opinions

  1. Rail v. Little Falls Lumber Co.Supreme Court of Minnesota · 1891
  2. E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
  3. Day v. GravelSupreme Court of Minnesota · 1898
  4. Harvison v. GriffinNorth Dakota Supreme Court · 1915
  5. State Ex Rel. Rose v. Town of GreenwoodSupreme Court of Minnesota · 1945

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