Englebrecht v. Rickert

Decided January 15, 1869

Supreme Court of Minnesota · decided 1869-01-15

The plaintiffs brought suit in the District Court for Kam-sey County, as mechanics and material men to enforce their lien under the statute, for work done and material furnished in building a house for defendant. Issue was joined and the cause tried before a referee, who found for the plaintiffs. The defendant made a motion to set aside the report of the referee, and for a new trial, which was denied, and judgment entered on the report.

Cited by 2 later decisions — most recently January 1890

2 state decisions

Relies on Califf v. Hillhouse

Good law ✅— No negative treatment on recordhow we know

Decided 1869-01-15

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¶1By the Court.

WilsoN, Ch. J.

¶2The defendant as a ground of reversal interposes two objections to the proceedings below: 1. That the report of the referee is not sufficiently specific. 2. That “ the allegation in the answer that the premises described in the complaint were a homestead should have been denied by the plaintiffs, as it constitutes a counter-claim.” The second objection is untenable as a legal proposition. The allegation referred to is not in the nature of a counter-claim. Chap 66, Sec. 80, Gen. Stat.

¶3The first objection, even if true, comes too late. The remedy of the aggrieved party in such case is by motion in the court below for an order sending the report bach to the referee for correction. Califf vs. Hillhouse, 3 Minn. 311. The report finds generally facts sufficient to support the judgment.

¶4Judgment affirmed,