Maxwell v. Schwartz

Supreme Court of Minnesota

Maxwell v. Schwartz

57 N.W. 141, 55 Minn. 414, 1893 Minn. LEXIS 222

CourtSupreme Court of Minnesota

DecidedDecember 6, 1893

DocketNo. 8451

StatusPublished

Cited by7 cases

This text of 57 N.W. 141 (Maxwell v. Schwartz) 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

Maxwell v. Schwartz, 57 N.W. 141, 55 Minn. 414, 1893 Minn. LEXIS 222 (Mich. 1893).

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Opinion

Gileillan, C. J.

In the court below an order was made striking out the answer as sham. From this order the defendants appealed to this court, and at the last April term the order was affirmed for [415]*415failure of the appellants to comply with the rule requiring the paper book and assignments of error to-be served. Judgment for plaintiff having been entered in the court below, the defendants bring this appeal therefrom. The only error claimed is in making the order •striking ont the answer. That matter is res adjudicata by the former judgment of this court, and cannot be again called in question on an appeal from the judgment. Schleuder v. Corey, 30 Minn. 501, (16 N. W. 401.)

(Opinion published 57 N. W. Rep. 141.)

The judgment is affirmed, with three per cent, damages.

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Gileillan, C. J.

In the court below an order was made striking out the answer as sham. From this order the defendants appealed to this court, and at the last April term the order was affirmed for [415]*415failure of the appellants to comply with the rule requiring the paper book and assignments of error to-be served. Judgment for plaintiff having been entered in the court below, the defendants bring this appeal therefrom. The only error claimed is in making the order •striking ont the answer. That matter is res adjudicata by the former judgment of this court, and cannot be again called in question on an appeal from the judgment. Schleuder v. Corey, 30 Minn. 501, (16 N. W. 401.)

(Opinion published 57 N. W. Rep. 141.)

The judgment is affirmed, with three per cent, damages.

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Bluebook (online)

57 N.W. 141, 55 Minn. 414, 1893 Minn. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxwell-v-schwartz-minn-1893.

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