Minnesota Supreme Court, 1893

Maxwell v. Schwartz

Minnesota Supreme Court · Decided December 6, 1893 · Gileillan

55 Minn. 414; 57 N.W. 141; 1893 Minn. LEXIS 222 (Minnesota Reports)

Counsel

A. li. Capehart, pro se. , James Schoonmaker, for respondent, cited Schleuder v. Corey, 30 Minn. 501; Adamson v. Sundhy, 51 Minn. 460; Tille ny v. Wolverton, 54 Minn. 75.

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(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1931, among the opinions in this site’s citation index.

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Cases that cite this one

7 later published cases cite this decision.

Kozisek v. Brigham (Minn. 1931)
Stimson v. Stimson (N.D. 1915)
Orr v. Sutton (Minn. 1914)
Bradley v. Norris (Minn. 1896)
Maxwell v. Capehart (Minn. 1895)
Salley v. People ex rel. Smith (Ill. App. Ct. 1905)
Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co. (6th Cir. 1896)

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

Gileillan, 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 *415failure 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 ont 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.)

(Opinion published 57 N. W. Rep. 141.)

The judgment is affirmed, with three per cent, damages.

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