Minnesota Supreme Court, 1890

Linne v. Stout

Linne v. Stout
Minnesota Supreme Court · Decided July 17, 1890 · Mitchell
44 Minn. 110; 46 N.W. 319; 1890 Minn. LEXIS 302 (Minnesota Reports)

Counsel

T. R. Palmer, for appellants., - Warren H. Mead, for respondents.

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Last cited by a Minnesota appellate court in 1907, among the opinions in this site’s citation index.

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Linne v. Stout

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Mitchell, J.

All of defendants’ assignments of error rest entirely upon the assumption that it appeared from the pleadings that a judgment on the merits had 'been rendered in a former suit between the same parties for the same cause of action. That this assumption is erroneous is apparent from an inspection of the pleadings, because (1) the reply puts in issue the allegation of the answer that the former suit was for the same cause of action; (2) the judgment-roll, which is set out in the answer, shows affirmatively that, although both suits may have related to the same transaction or subject-matter, yet the causes of action were not the same.

Order affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.