Minnesota Supreme Court, 1898

Bishop Iron Co. v. Hyde

Bishop Iron Co. v. Hyde
Minnesota Supreme Court · Decided April 22, 1898 · Mitchell
72 Minn. 16; 74 N.W. 1016; 1898 Minn. LEXIS 609 (Minnesota Reports)

Counsel

John Brennan and John Jenswold, Jr., for appellant., Draper, Davis & Hollister, for respondent Bishop Iron Company., White & McKeon, for the other respondents.

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Bishop Iron Co. v. Hyde

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1 later published case cites this decision.

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Opinion of the Court

MITCHELL, J.

Every question presented by the first ten assignments of error is covered by the decision on the former appeal (66 Minn. 24, 68 N. W. 95).

By the eleventh assignment of error it is sought to make the point that the judgment entered by the clerk in favor of the respondents, other than the plaintiff, was not the proper one to enter upon the order sustaining their demurrer to the defendants’ cross bill. The error complained of was not that of the court, but that of the clerk, and the remedy is not by appeal from the judgment, but by application to the trial court to have the judgment corrected; and, unless the power of that court has been thus invoked, this court will not consider the question on appeal from the judgment. Scott v. Minneapolis, 42 Minn. 179, 43 N. W. 966.

Judgment affirmed.

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