Linne v. Stout

Decided July 17, 1890

Supreme Court of Minnesota · decided 1890-07-17

Action brought in the district court for Kamsey county, to enforce a lien for material furnished defendant Meckelson for use and used in the construction of a row of houses which he was building for defendant Stout, the owner of the property, under a contract with him. The defendants Stout and Clark, separately answering, pleaded a former judgment in their favor, a copy of the judgment-roll in the former action being annexed to their answers.

Cited by 3 later decisions — most recently September 1914

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-07-17

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Mitchell, J.

¶1All of defendants’ assignments of error rest entirely upon the assumption that it appeared from the pleadings that a judgment on the merits had 'been rendered in a former suit between the same parties for the same cause of action. That this assumption is erroneous is apparent from an inspection of the pleadings, because (1) the reply puts in issue the allegation of the answer that the former suit was for the same cause of action; (2) the judgment-roll, which is set out in the answer, shows affirmatively that, although both suits may have related to the same transaction or subject-matter, yet the causes of action were not the same.

¶2Order affirmed.