Spencer v. Stanley

Supreme Court of Minnesota

Spencer v. Stanley

76 N.W. 953, 74 Minn. 35, 1898 Minn. LEXIS 857

Supreme Court of Minnesota·Decided October 25, 1898·No. Nos. 11,239—(40)·Published·Cited by 4 cases

Opinion

CANTY, J.

This is an appeal from an order denying a new trial. The paper book contains a notice of motion for a new trial, which does not state any grounds for the motion. This is fatal. See Clark v. Nelson Lumber Co., 34 Minn. 289, 25 N. W. 628.

But we will go further. The return does not show any notice of motion at all, and this is equally fatal.

[36]*36The order appealed from should therefore be affirmed. So ordered.

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CANTY, J.

This is an appeal from an order denying a new trial. The paper book contains a notice of motion for a new trial, which does not state any grounds for the motion. This is fatal. See Clark v. Nelson Lumber Co., 34 Minn. 289, 25 N. W. 628.

But we will go further. The return does not show any notice of motion at all, and this is equally fatal.

[36]*36The order appealed from should therefore be affirmed. So ordered.

Spencer v. Stanley, 76 N.W. 953, 74 Minn. 35, 1898 Minn. LEXIS 857 (Mich. 1898).

Pincite

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Opinion

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