Minnesota Supreme Court, 1898

Spencer v. Stanley

Spencer v. Stanley
Minnesota Supreme Court · Decided October 25, 1898 · Canty
74 Minn. 35; 76 N.W. 953; 1898 Minn. LEXIS 857 (Minnesota Reports)

Spencer v. Stanley

Opinion of the Court

CANTY, J.

This is an appeal from an order denying a new trial. The paper book contains a notice of motion for a new trial, which does not state any grounds for the motion. This is fatal. See Clark v. Nelson Lumber Co., 34 Minn. 289, 25 N. W. 628.

But we will go further. The return does not show any notice of motion at all, and this is equally fatal.

*36The order appealed from should therefore be affirmed. So ordered.

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