Ingalls v. Oberg

CourtSupreme Court of Minnesota (US)
Writing for the CourtMITCHELL
Citation72 N.W. 841,70 Minn. 102
Decision Date11 November 1897
PartiesINGALLS v OBERG.

70 Minn. 102
72 N.W. 841

INGALLS
v
OBERG.

Supreme Court of Minnesota.

Nov. 11, 1897.


[72 N.W. 841]


(Syllabus by the Court.)

1. Held, that there was no error in the court's refusing the defendant leave to amend his answer when the plaintiff rested.

2. The following rules applied:

First. In reviewing the action of the trial court in denying a motion to dismiss on the ground that the plaintiff had failed to establish a cause of action, an appellate court will consider all the evidence in the case, and affirm the action of the trial court if sufficient evidence was admitted to sustain a verdict for the plaintiff, although not introduced until after the motion.

Second. A single general exception to the refusal of the court to charge two or more propositions, one of which is erroneous, is insufficient.

Third. An assignment of error that the court erred in granting a new trial, where the motion was made on two or more grounds, is too general to be availing.


Appeal from district court, Chisago county; F. M. Crosby, Judge.

Action by Cordelia Ingalls against C. E. Oberg. There was a verdict for plaintiff, and from an order denying a new trial the defendant appeals. Affirmed.

Frank B. Dorothy and L. K. Stannard, for appellant.

P. H. Stolberg, for respondent.


MITCHELL, J.

This action was brought in May, 1895, under chapter 84 of the General Statutes of 1894, to recover possession of demised premises from a tenant holding over after the expiration of his term. The plaintiff alleged a lease for the term of one year to (ending) April 1, 1895. The defendant admitted that he was in possession under a lease from the plaintiff, but alleged that the term had not yet expired, and would not expire until the fall of the season of 1895. Hence, under the pleadings, the only issue was when the term of the lease expired. It appeared from the evidence that defendant first went into possession under a verbal lease for one year, and was to pay as rent a share of the annual crops. There was a conflict in the evidence as to whether this term of one year commenced in the fall of 1888, or in the spring of 1889; the defendant asserting the former, and the plaintiff the latter. The plaintiff testified that there was a renewal of this lease for another year every subsequent spring up to and including 1894. But it appeared that the business was all transacted for plaintiff by her husband, who died shortly before March 1, 1895; and in her cross-examination she admitted that no new...

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10 practice notes
  • Evans v. Cheyenne Cement, Stone & Brick Company, 673
    • United States
    • United States State Supreme Court of Wyoming
    • 24 March 1913
    ...Trickey v. Clark, 50 Ore. 516, 93 P. 457; Ry. Co. v. Henderson (Colo.), 13 P. 910; Barton v. Kane, 17 Wis. 38; Ingalls v. Oberg (Minn.), 72 N.W. 841; Carey v. Packet Co. (N. J.), 60 A. 180; Jones v. Ry. Co., 46 N.Y.S. 321; Ayres v. Ins. Co. (Ia.), 85 Am. Dec. 559; Weinhard v. Bank (Or.), 68......
  • Busack v. Johnson, No. 19283[73].
    • United States
    • Supreme Court of Minnesota (US)
    • 14 May 1915
    ...motion for judgment notwithstanding the verdict or for new trial, defendant appeals. Affirmed.Syllabus by the Court Ingalls v. Oberg, 70 Minn. 102, 72 N. W. 841, followed to the effect that: ‘In reviewing the action of the trial court in denying a motion to dismiss on the ground that the pl......
  • Busack v. Johnson, Nos. 19,283-(73).
    • United States
    • Supreme Court of Minnesota (US)
    • 14 May 1915
    ...185, 20 N. W. 91; McRoberts v. McArthur, 62 Minn. 310, 64 N. W. 903; Manahan v. Halloran, 66 Minn. 483, 69 N. W. 619; Ingalls v. Oberg, 70 Minn. 102, 72 N. W. 841. An examination of the record discloses evidence sufficient, if true, to sustain a verdict in favor of the plaintiff. The jury h......
  • Weide v. City of St. Paul, Nos. 18,754-(192).
    • United States
    • Supreme Court of Minnesota (US)
    • 17 July 1914
    ...to sustain the respondent's case is received at any time during the trial. Cole v. Curtis, 16 Minn. 161 (182); Ingalls v. Oberg, 70 Minn. 102, 72 N. W. 3. It is contended that the damages are excessive. Plaintiff was a married woman, 22 years old, possessed of normal health and strength. He......
  • Request a trial to view additional results
10 cases
  • Evans v. Cheyenne Cement, Stone & Brick Company, 673
    • United States
    • United States State Supreme Court of Wyoming
    • 24 March 1913
    ...Trickey v. Clark, 50 Ore. 516, 93 P. 457; Ry. Co. v. Henderson (Colo.), 13 P. 910; Barton v. Kane, 17 Wis. 38; Ingalls v. Oberg (Minn.), 72 N.W. 841; Carey v. Packet Co. (N. J.), 60 A. 180; Jones v. Ry. Co., 46 N.Y.S. 321; Ayres v. Ins. Co. (Ia.), 85 Am. Dec. 559; Weinhard v. Bank (Or.), 68......
  • Busack v. Johnson, No. 19283[73].
    • United States
    • Supreme Court of Minnesota (US)
    • 14 May 1915
    ...motion for judgment notwithstanding the verdict or for new trial, defendant appeals. Affirmed.Syllabus by the Court Ingalls v. Oberg, 70 Minn. 102, 72 N. W. 841, followed to the effect that: ‘In reviewing the action of the trial court in denying a motion to dismiss on the ground that the pl......
  • Busack v. Johnson, Nos. 19,283-(73).
    • United States
    • Supreme Court of Minnesota (US)
    • 14 May 1915
    ...185, 20 N. W. 91; McRoberts v. McArthur, 62 Minn. 310, 64 N. W. 903; Manahan v. Halloran, 66 Minn. 483, 69 N. W. 619; Ingalls v. Oberg, 70 Minn. 102, 72 N. W. 841. An examination of the record discloses evidence sufficient, if true, to sustain a verdict in favor of the plaintiff. The jury h......
  • Weide v. City of St. Paul, Nos. 18,754-(192).
    • United States
    • Supreme Court of Minnesota (US)
    • 17 July 1914
    ...to sustain the respondent's case is received at any time during the trial. Cole v. Curtis, 16 Minn. 161 (182); Ingalls v. Oberg, 70 Minn. 102, 72 N. W. 3. It is contended that the damages are excessive. Plaintiff was a married woman, 22 years old, possessed of normal health and strength. He......
  • Request a trial to view additional results

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