Stewart v. Davenport
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1954, among the opinions in this site’s citation index.
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Cases that cite this one
3 later published cases cite this decision.
- Ryan v. Griffin (Minn. 1954)
- Prizer-Painter Stove & Heater Co. v. Peaslee (Minn. 1906)
- Weinberg v. Steeves (Minn. 1901)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
After plaintiff had introduced his testimony and rested his case, defendants moved for a dismissal of the action, on the ground that there was not sufficient evidence to go to the jury showing or tending to show a. cause of action against them. The motion was granted, and no exception was taken. A motion was subsequently made for a new trial, because of this alleged erroneous-ruling not excepted to, and denied, and the case comes into-this court on an appeal from this order. An erroneous ruling of this character, not excepted to at the time, cannot be made the subject of review on a motion for a new trial,, or on appeal from an order denying it.
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.