Greene v. Dwyer

• Decision Date: 25 May 1885
• Citation: Greene v. Dwyer, 33 Minn. 403, 23 N. W. 546 (Minn. 1885)
• Parties: GREENE v DWYER AND ANOTHER, INTERVENOR.
• Court: Minnesota Supreme Court

33 Minn. 403

23 N.W. 546

GREENEvDWYER AND ANOTHER, INTERVENOR.

Supreme Court of Minnesota.

Filed May 25, 1885.

Appeal from an order of the district court, Freeborn county.

J. H. Parker, for appellant, Leroy O. Greene.

Whytock & Todd, for respondents, Daniel E. Dwyer and another, intervenor.

GILFILLAN, C. J.

The “points” which rule 11 of this court requires that the appellant or plaintiff in error shall deliver to the adverse party are to be taken as his assignment of errors, i. e., as a statement of the points wherein it is claimed that the court below erred in the order or judgment brought here for review, and this court will not ordinarily consider any other, unless, perhaps, the question of jurisdiction over the subject-matter is presented by the record.All claims of error not specified in the points are to be deemed waived.If the appellant have omitted from his points any specification of error which he wishes to make, and the time given by the rule to serve his points has passed, he cannot add new points, unless by consent of the other party, or by leave, previously obtained from this court, or a judge thereof.The appellant having attempted to add a new point without such consent or leave, the point is disregarded.

The court below was right in deciding that plaintiff had not shown such a possession as entitles him to bring an action under the statute, and as he based his right to bring that kind of action solely on possession, his action was properly dismissed.Under the statute, unless the land be vacant,...