Allis v. Day
Supreme Court of Minnesota
The plaintiff brought suit in the district court for Famsey county to recover for professional services as attorney and disbursements, alleging in his complaint that the value of such services and such disbursements amounted to the sum of $725.42. The defendant answered admitting the performance of the services, but alleging, that the value of the same, and the amount of the disbursements did not exceed $500. The attorneys stipulated to put the cause on the calendar for the…
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The plaintiff brought suit in the district court for Famsey county to recover for professional services as attorney and disbursements, alleging in his complaint that the value of such services and such disbursements amounted to the sum of $725.42. The defendant answered admitting the performance of the services, but alleging, that the value of the same, and the amount of the disbursements did not exceed $500. The attorneys stipulated to put the cause on the calendar for the November term 1867, without the usual notice, &c. When the cause was reached on .the calendar, the defendant moved to…
1Opinion of the Court
By the Court
Bebky, J.
It appears that by consent of parties this cause was referred to Stanford Newel, Esq., to hear and determine the issues and report a judgment. 'Whatever there might be in the objections taken before the reference was ordered, on the ground that the case was not properly upon the calendar, or because a continuance was refused by the court, was in our opinion waived by the consent to the reference. The application made to the referee for a continuance, was made after the plaintiff had closed the testimony and rested the case on his part, and was addressed to the referee’s…
2Cited by11 opinions
- Louisville, New Albany & Chicago Railway Co. v. WallaceIllinois Supreme Court · 1891
- Turnbull v. RichardsonMichigan Supreme Court · 1888
- Clark v. EllsworthSupreme Court of Iowa · 1898
- Kelley v. RichardsonMichigan Supreme Court · 1888
- Stafford v. BishopWest Virginia Supreme Court · 1925
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