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201 Minn. 365

276 N.W 274

Kelly v. Bowman

Supreme Court of Minnesota

Decided December 10, 1937

Supreme Court of Minnesota · decided 1937-12-10

Cited by 4 later decisions — most recently July 1953

4 state decisions

Relies on Roelofs v. Baber · Olson v. Heise

Good law ✅— No negative treatment on recordhow we know

Decided 1937-12-10

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Per Curiam.

¶1 Appeal from an order granting a new trial, upon defendants’ motion after verdict in favor of plaintiff. Memoranda attached to *366 and made part of the order recite that it was granted exclusively for errors of law occurring at the trial, upon the grounds (1) that there was no evidence to justify a finding that the defendants or any of them converted the stock claimed to have been converted; (2) that if the stock was converted the evidence did not show that the defendants were liable therefor because the conversion was by others; (3) that the proof of damages was speculative and did not establish the damages found by the jury. These are not errors of law occurring at the trial. The order is not appealable, and the appeal is dismissed upon the authority of Roelofs v. Baber, 194 Minn. 166, 259 N. W. 808, and Olson v. Heise, 197 Minn. 441, 267 N. W. 425.

¶2 Appeal dismissed.

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