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O. C. Hanson & Sons v. Beaulieu

O. C. HANSON & SONS v. CHARLES L. BEAULIEU AND OTHERS. M. R. MITTON AND ANOTHER

O. C. Hanson & Sons v. Beaulieu, 181 N.W. 321 (Minn. 1921)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
January 21, 1921
Docket
No. 22,119
Judges
Cubiam
Citations
181 N.W. 321148 Minn. 4771921 Minn. LEXIS 568
Disposition
Affirmed.
Headnotes
Law of the case. Where the facts and the evidence on the second trial, are the same as on the first trial, the decision in the first appeal is the law of the case. [Reporter.]
Summary
After the former appeal reported in 145 Minn. 119, 176 N. W. 178, the case was tried before Flaherty, J., who made findings and ordered judgment in favor of plaintiffs. From. the judgment entered pursuant to the order for judgment, defendants Mitton 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 — Cubiam

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'Pee Cubiam.

This cause was before the court on a former appeal. 145 Minn. 119 , 176 *478 N. W. 178 . Reference may be bad to the opinion there rendered for a statement of the facts involved in the action and the legal rights of the parties arising therefrom. On the remand of the cause there was a trial of the action and the evidence and facts then presented are the same in all substantial respects as presented in the former record. The decision rendered on the other appeal therefore constitutes the law of the case and must be followed and applied. Orr v. Sutton, 127 Minn. 37 , 148 N. W. 1066 ; Street v. Chicago, M. & St P. Ry. Co. 130 Minn. 246, 247 , 153 N. W. 518 ; 1 Dunnell, Minn. Dig. and 1916 Supp. 398. note 30. The record presents no reversible error, and the judgment appealed from will be and is in all things affirmed.

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Cited by 0 cases

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Authorities cited 3

DepthCaseCited by
Orr v. Sutton, 148 N.W. 1066 (Minn. 1914) 18
St. v. Chicago, Milwaukee & St. Paul Ry. Co., 153 N.W. 518 (Minn. 1915) 5
Hanson v. Beaulieu, 176 N.W. 178 (Minn. 1920) 5

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