Spencer v. Stanley

JEFFERY SPENCER and Another v. FRANK STANLEY and Another

Spencer v. Stanley, 76 N.W. 953 (Minn. 1898)

Court: Supreme Court of Minnesota · State Highest Courts
Decided: October 25, 1898
Docket: No. 11,239—(40)
Judges: Canty
Citations: 76 N.W. 95374 Minn. 351898 Minn. LEXIS 857
Disposition: Affirmed.

Cited by 4

Headnotes

Motion for New Trial — Failure of Notice to Give Reasons for Motion. Where a notice of motion for a new trial does not state any grounds of the motion, an appeal from an order denying the motion will be affirmed. Appeal — Failure of Record, to Include Notice of Motion. An appeal from an order denying a new trial will be affirmed when no notice of motion and no grounds for the motion appear in the record.

Summary

Action in the district court for Big Stone county to recover $1,020 on three promissory notes. Defendant I. Y. Sherman alone answered. The cause was tried before C. L. Brown, J., and a jury. There was a verdict in favor of defendant, and from an order denying their motion for a new trial, plaintiffs appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Canty

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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 The order appealed from should therefore be affirmed. So ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

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State Highest Courts4

Relies on it most ⓘ

Hoyt v. Kittson County State Bank230 N.W. 269 (Minn. 1930)
Kiebach v. Kiebach35 N.W.2d 530 (Minn. 1948)
Radabaugh v. Just30 N.W.2d 534 (Minn. 1947)
Coughlin v. Town of Rosemount35 N.W.2d 744 (Minn. 1949)

Most recent

Coughlin v. Town of Rosemount35 N.W.2d 744 (Minn. 1949)
Kiebach v. Kiebach35 N.W.2d 530 (Minn. 1948)
Radabaugh v. Just30 N.W.2d 534 (Minn. 1947)
Hoyt v. Kittson County State Bank230 N.W. 269 (Minn. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Clark v. C. N. Nelson Lumber Co., 25 N.W. 628 (Minn. 1885)	8

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