Maxwell v. Schwartz

Decided December 6, 1893

Supreme Court of Minnesota · decided 1893-12-06

Appeal by A. E. Capehart, one of the defendants from a judgment of the Municipal-Court of the City of St. Paul, H. W. Cory, J., rendered against him and Olin S. Schwartz, April 20,1893, for $279.70. On June 11, 1892, defendant Schwartz gave his promissory note to plaintiff for $250 and interest due in thirty days. Defendant ■Capehart guarantied the payment of the note in writing indorsed thereon. This action was commenced August 17, 1892, against the maker and guarantor.

Relies on Schleuder v. Corey

Good law ✅— No negative treatment on recordhow we know

Decided 1893-12-06

How this case has been cited

Cited by 6 later decisions — most recently May 1931

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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Gileillan, C. J.

¶1In the court below an order was made striking out the answer as sham. From this order the defendants appealed to this court, and at the last April term the order was affirmed for *415failure of the appellants to comply with the rule requiring the paper book and assignments of error to-be served. Judgment for plaintiff having been entered in the court below, the defendants bring this appeal therefrom. The only error claimed is in making the order •striking ont the answer. That matter is res adjudicata by the former judgment of this court, and cannot be again called in question on an appeal from the judgment. Schleuder v. Corey, 30 Minn. 501, (16 N. W. 401.)

(Opinion published 57 N. W. Rep. 141.)

¶2The judgment is affirmed, with three per cent, damages.