Fleming v. Alden

Supreme Court of Minnesota

Fleming v. Alden

47 N.W. 157, 44 Minn. 493, 1890 Minn. LEXIS 415

DecidedNovember 14, 1890

StatusPublished

This text of 47 N.W. 157 (Fleming v. Alden) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleming v. Alden, 47 N.W. 157, 44 Minn. 493, 1890 Minn. LEXIS 415 (Mich. 1890).

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Opinion

Gilfillan, C. J.

The finding of fact by the court below, after its statement of the facts specially found by it, “that all other allegations in the pleadings are found to be untrue,” is a finding that plaintiff did not make any of the false representations alleged in the answers; and, although there was some evidence tending to prove the making of some of the representations, it was not of so clear and sat-' isfactory a character that we can say the court was bound to find the representations or any of them to have been made. Its finding is therefore conclusive. That being so, inasmuch as none of the errors alleged in admitting or excluding evidence were as to evidence bearing on that issue, it is unnecessary for us to consider any other assignment of error, for, with that issue found against them, error on any other issue could not prejudice the defendants.

Order affirmed.

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Gilfillan, C. J.

The finding of fact by the court below, after its statement of the facts specially found by it, “that all other allegations in the pleadings are found to be untrue,” is a finding that plaintiff did not make any of the false representations alleged in the answers; and, although there was some evidence tending to prove the making of some of the representations, it was not of so clear and sat-' isfactory a character that we can say the court was bound to find the representations or any of them to have been made. Its finding is therefore conclusive. That being so, inasmuch as none of the errors alleged in admitting or excluding evidence were as to evidence bearing on that issue, it is unnecessary for us to consider any other assignment of error, for, with that issue found against them, error on any other issue could not prejudice the defendants.

Order affirmed.

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Bluebook (online)

47 N.W. 157, 44 Minn. 493, 1890 Minn. LEXIS 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-alden-minn-1890.