Minnesota Valley R. Co. v. Doran

• Decision Date: 01 January 1870
• Citation: 15 Minn. 186
• Parties: MINNESOTA VALLEY R. CO. v. MICHAEL DORAN.
• Court: Minnesota Supreme Court

Page 186

15 Minn. 186

MINNESOTA VALLEY R. CO.

v. MICHAEL DORAN.

Supreme Court of Minnesota.

Appeal by plaintiff from an order of the district court, Le Sueur county, refusing to vacate a judgment.

Swan & Bangs, for appellant.

Caldwell & Severance and Brisbin & Palmer, for respondent.

McMILLAN, J.

This is an appeal from an order denying a motion to set aside a judgment, and all subsequent proceedings.

The cause has already been before us on an appeal from an order denying a motion for a new trial. Both appeals having been submitted together, we have arrived at the conclusion that the order denying a new trial must be reversed, and a new trial granted, for error occurring on the trial in the court below. It follows from the conclusion in that case that the judgment appealed from and all subsequent proceedings should be set aside and vacated. It is unnecessary for us, therefore, to consider the questions raised upon the appeal in this case.

Order reversed, and judgment and all subsequent proceedings vacated and set aside.