Maxwell v. Schwartz

• Decision Date: 06 December 1893
• Citation: 55 Minn. 414,57 N.W. 141
• Parties: MAXWELL v. SCHWARTZ ET AL.
• Court: Minnesota Supreme Court

55 Minn. 414

57 N.W. 141

MAXWELL

v.SCHWARTZ ET AL.

Supreme Court of Minnesota.

Dec. 6, 1893.

(Syllabus by the Court.)

Schleuder v. Corey, 30 Minn. 501, 16 N. W. 401, followed, to the effect that, upon affirmance of an order for failure to serve paper book and brief, the matter involved in the order is res adjudicata, and cannot be presented again on appeal from the judgment.

Appeal from municipal court of St. Paul; Cory, Judge.

Action by Mary J. Maxwell against Olin S. Schwartz and A. R. Capehart. From a judgment for plaintiff, defendants appeal. Affirmed.

A. R. Capehart, for appellants.

J. Schoonmaker, for respondent.

GILFILLAN, C. J.

In 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 failure 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 out 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. The judgment is affirmed, with 3 per cent. damages.