Erickson v. Bakke

Supreme Court of Minnesota

Decided April 3, 1958

Supreme Court of Minnesota · decided 1958-04-03

<bold>Appeal and error — decision by equally divided court</bold>.

Cited by 2 later decisions — most recently May 2024

2 state decisions

Relies on Armstrong v. City of Rochester

Good law ✅— No negative treatment on recordhow we know

Decided 1958-04-03

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Per Curiam.

¶1Associate Justice Thomas Gallagher deeming himself disqualified to participate in the consideration or decision of the questions presented by this appeal, and the other members of the court being equally divided, the order of the lower court is affirmed without opinion.1

¶2Affirmed.

¶3 Armstrong v. City of Rochester, 211 Minn. 613, 299 N. W. 683; 1 Dunnell, Dig. (3 ed.) § 290, and cases cited therein.

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Case posture

Posture: Action in the Hennepin County District Court wherein plaintiff sought to establish a joint venture between plaintiff and defendant A. R. Bakke and joint ownership of certain real estate. Defendant Theresia Pearson was also named as defendant because of her nominal interest in the property involved. The case was tried before Leslie L. Anderson, Judge, and an advisory jury, and on the basis of the jury's answers to certain interrogatories, the court found for plaintiff. Defendants appealed from an order denying their motion for a new trial. Affirmed.

Source: CourtListener

Court

Supreme Court of Minnesota