Tank v. Clark
Can I rely on this case?
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 1989, among the opinions in this site’s citation index.
Not a substitute for Shepard’s or KeyCite — verify before relying.
See our Terms of Use before relying on these notes. Report an error
Cases that cite this one
3 later published cases cite this decision.
- In re the Disciplinary Action Against the Dentist License of Wang (Minn. 1989)
- Proetz v. Minnesota Board of Chiropractic Examiners (Minn. Ct. App. 1986)
- Marcus v. Bowman (Mont. 1940)
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
Appeal by defendant from a judgment in the district court affirming a judgment for costs in favor of pláintiff in municipal court.
Plaintiff brought suit in municipal court to recover $10 damages for trespass. Defendant counterclaimed for sums in excess of that amount. *588 The court found that plaintiff was entitled to recover the $10, but also found that defendant was entitled to recover $10 on his counterclaims. One sum offset the other. In that situation judgment should have been entered that neither party was entitled to recover any damages from the other and for recovery of costs by defendant. The defendant, having .succeeded in offsetting plaintiff’s claim and preventing any recovery thereon, was the prevailing party and entitled to costs. G. S. 1923 (1 Mason, 1927) § 229. The term “costs” as here used refers to disbursements, as no statutory costs are involved.
Judgment reversed. No statutory costs will be taxed in this court.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.