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Schultz v. Schneckenberger

KATHERINE SCHULTZ v. HERMAN J. SCHNECKENBERGER

Schultz v. Schneckenberger, 84 N.W. 119 (Minn. 1900)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
November 15, 1900
Docket
No. 12,428—(113)
Judges
Lewis
Citations
84 N.W. 11981 Minn. 3801900 Minn. LEXIS 653
Disposition
Affirmed.
Headnotes
Verdict Sustained by Evidence. Evidence examined, and found to sustain the verdict. Language of Counsel — Exception—Appeal. In the absence of a request for a ruling or a ruling by the trial court, a mere exception to remarks of counsel before the jury does not present tlie question of their effect for review upon appeal. Mykleby v. Chicago, St. P., M. & O. Ry. Oo., 49 Minn. 457, and other cases, followed.
Summary
Appeal by defendant from an order of the district court for Hen-nepin county, Harrison, J., denying a motion for a new trial.

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

Opinion of the Court — Lewis

Text extracted by OCR from a scanned original; check the original for exact wording.

LEWIS, J.

Action by plaintiff to recover $60, due for rent. Defense, payment in part. .Verdict for plaintiff. Appeal by defendant from an order denying Ms motion for a new trial.

There are two assignments of error requiring notice: First. Does the evidence support the verdict. Second. Misconduct of counsel for plaintiff in Ms argument to the jury.

1. We have read the evidence, and conclude that it is sufficient to sustain the verdict.

2. It is unnecessary to consider the language of counsel referred to in the assignment. If it was worthy of any notice whatever on the part of the court, in the absence of a request for a ruling or any ruling, an exception is insufficient to raise the question as to its effect on appeal. Mykleby v. Chicago, St. P., M. & O. Ry. Co., 49 Minn. 457 , 52 N. W. 213 , and cases cited.

Order affirmed.

How later courts describe this case

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

1906: 11926: 11929: 119062026peak 1906 · 1

Relies on it most ⓘ

  1. Powell v. Standard Oil Co.210 N.W. 55 (Minn. 1926)
  2. Ludwig v. Spicer109 N.W. 832 (Minn. 1906)
  3. Anderson v. Larson225 N.W. 903 (Minn. 1929)

Most recent

  1. Anderson v. Larson225 N.W. 903 (Minn. 1929)
  2. Powell v. Standard Oil Co.210 N.W. 55 (Minn. 1926)
  3. Ludwig v. Spicer109 N.W. 832 (Minn. 1906)

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

DepthCaseCited by
Mykleby v. Chicago, St. P., 52 N.W. 213 (Minn. 1892) 4

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