¶1dissenting. I dissent. In Fryberger v. Carney, 26 Minn. 84, it was said that a verdict which, for the amount, referred to' the amount claimed in the complaint, (as the amount so referred to is on record as the subject of controversy,) might, perhaps, have sufficient elements of certainty, but that it would be dangerous to go further. Here the verdict does not express the amount, nor *372refer to anything to show what was intended. I think it a dangerous rule that the court will hunt through the record, the pleadings, and the statement of the case, for the purpose of founding an inference that, because the amount claimed in the complaint does not appear to have been controverted in the pleadings or on trial, the jury must have intended that amount.
30 Minn. 368
Jones v. King
Decided May 1, 1883
Supreme Court of Minnesota · decided 1883-05-01
Appeal by plaintiff from a judgment of the district court for Wright county, Lochren, J., presiding, reversing' a justice’s judgment from which, the defendant had appealed on questions of law alone.
Relies on Fryberger v. Carney
Good law ✅— No negative treatment on recordhow we know
Decided 1883-05-01
How this case has been cited
Cited by 6 later decisions — most recently March 1941
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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