Foster v. Hansman

Supreme Court of Minnesota

Foster v. Hansman

56 N.W. 592, 55 Minn. 157, 1893 Minn. LEXIS 169

CourtSupreme Court of Minnesota

DecidedOctober 27, 1893

DocketNo. 8418

StatusPublished

This text of 56 N.W. 592 (Foster v. Hansman) 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

Foster v. Hansman, 56 N.W. 592, 55 Minn. 157, 1893 Minn. LEXIS 169 (Mich. 1893).

Pincite

Opinion

GilfillaN, C. J.

The action was on a promissory note before a Justice of the Peace. The answer admitted plaintiff’s claim, and set forth a counterclaim consisting of six items, and amounting in the aggregate to $30.05. The reply admitted five of the items, and denied one for $30. That item was therefore the only thing in controversy in the action. The Justice decided upon that item in favor of plaintiff, and gave him judgment for $95.41 and costs. On an appeal • by defendant to the District Court on questions of law and fact, the jury rendered a verdict in favor of plaintiff for .$65.21, thus deciding upon the item of $30 in favor of defendant. He was, therefore, the successful party upon the only matter litigated in the action and on the appeal, as is shown by the pleadings, which, under the last clause of 1878 G. S. ch. 67, § 14, entitled him to costs.

Judgment affirmed.

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GilfillaN, C. J.

The action was on a promissory note before a Justice of the Peace. The answer admitted plaintiff’s claim, and set forth a counterclaim consisting of six items, and amounting in the aggregate to $30.05. The reply admitted five of the items, and denied one for $30. That item was therefore the only thing in controversy in the action. The Justice decided upon that item in favor of plaintiff, and gave him judgment for $95.41 and costs. On an appeal • by defendant to the District Court on questions of law and fact, the jury rendered a verdict in favor of plaintiff for .$65.21, thus deciding upon the item of $30 in favor of defendant. He was, therefore, the successful party upon the only matter litigated in the action and on the appeal, as is shown by the pleadings, which, under the last clause of 1878 G. S. ch. 67, § 14, entitled him to costs.

Judgment affirmed.

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Bluebook (online)

56 N.W. 592, 55 Minn. 157, 1893 Minn. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-hansman-minn-1893.