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30 Minn. 16

Stone v. Johnson

Supreme Court of Minnesota

Decided November 17, 1882

Supreme Court of Minnesota · decided 1882-11-17

Action by plaintiff in the district court for Meeker county, to recover for breach of covenants of seizin and right to convey, contained in a deed of land in that county, executed by defendants to plaintiff in March, 1879. A jury was waived, and the action tried; before Brown, J., who ordered judgment for the plaintiff, which was, entered and the defendants appealed.

Cited by 3 later decisions — most recently November 1888

3 state decisions

Relies on Stewart v. Cooley · Baker v. Terrell · Pease, Chalfant & Co. v. Rush

Good law ✅— No negative treatment on recordhow we know

Decided 1882-11-17

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Yanderburgh, J.

¶1The defendants appeal from the judgment in this case. The record contains the judgment-roll, with the findings of fact and law of the district court. But there is no statement of *18the case or bill of exceptions. The sole ground of- error urged by appellants in argument before this court is the rejection of certain evidence on the trial. The judge, in his decision, sets forth the evidence in question, and his rulings thereon and defendants’ exception. It is insisted by the respondent that the exception is not properly before us, and that it cannot be considered on this appeal. In this he is correct. Such exceptions can only be brought before this court for review upon a case or bill of exceptions. Bazille v. Ullman, 2 Minn. 110, (134;) Teller v. Bishop, 8 Minn. 195, (226;) Dartnell v. Davidson, 16 Minn. 477, (530;) Stewart v. Cooley, 23 Minn. 347.

¶2Judgment affirmed.

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