assigned error in Minnesota

1902It was held in Gribble v. Pioneer Press Co., 34 Minn. 342 , 25 N. W. 710 , that evidence of other publications containing substantially the same imputations as that sued upon were admissible in evidence for the purpose of proving, actual malice, and thereby aggravating the damages.

1902It was held in Gribble v. Pioneer Press Co., 34 Minn. 342 , 25 N. W. 710 , that evidence of other publications containing substantially the same imputations as that sued upon were admissible in evidence for the purpose of proving, actual malice, and thereby aggravating the damages.

1983Zylka v. Leikvoll, 274 Minn. 435, 446 , 144 N.W.2d 358, 366 (1966); Gryc v. Dayton-Hudson Corp., 297 N.W.2d 727, 38-39 (Minn.1980), cert. denied, 449 U.S. 921 , 101 S.Ct. 320 , 66 L.Ed.2d 149 (1980); Coble v. Lacey, 252 Minn. 423, 433 , 90 N.W.2d 314, 322 (1958).

1983Zylka v. Leikvoll, 274 Minn. 435, 446 , 144 N.W.2d 358, 366 (1966); Gryc v. Dayton-Hudson Corp., 297 N.W.2d 727, 38-39 (Minn.1980), cert. denied, 449 U.S. 921 , 101 S.Ct. 320 , 66 L.Ed.2d 149 (1980); Coble v. Lacey, 252 Minn. 423, 433 , 90 N.W.2d 314, 322 (1958).

1983Zylka v. Leikvoll, 274 Minn. 435, 446 , 144 N.W.2d 358, 366 (1966); Gryc v. Dayton-Hudson Corp., 297 N.W.2d 727, 38-39 (Minn.1980), cert. denied, 449 U.S. 921 , 101 S.Ct. 320 , 66 L.Ed.2d 149 (1980); Coble v. Lacey, 252 Minn. 423, 433 , 90 N.W.2d 314, 322 (1958).

1968This is assigned as error. *295 Defendant asserts that the question is determined by State v. Wulff, 194 Minn. 271 , 260 N. W. 515 .

1968This is assigned as error. *295 Defendant asserts that the question is determined by State v. Wulff, 194 Minn. 271 , 260 N. W. 515 .

1955Co. 45 Minn. 471 , 48 N. W. 1, 526 , and Le Mieux v. Cosgrove, 155 Minn. 353 , 193 N. W. 586 , the court reviewed errors excepted to at the trial and assigned as error on appeal from a judgment in a jury case even though there was no motion for new trial, although the question of the scope of review was not raised.

1955Co. 45 Minn. 471 , 48 N. W. 1, 526 , and Le Mieux v. Cosgrove, 155 Minn. 353 , 193 N. W. 586 , the court reviewed errors excepted to at the trial and assigned as error on appeal from a judgment in a jury case even though there was no motion for new trial, although the question of the scope of review was not raised.

1955Co. 45 Minn. 471 , 48 N. W. 1, 526 , and Le Mieux v. Cosgrove, 155 Minn. 353 , 193 N. W. 586 , the court reviewed errors excepted to at the trial and assigned as error on appeal from a judgment in a jury case even though there was no motion for new trial, although the question of the scope of review was not raised.

1955Co. 45 Minn. 471 , 48 N. W. 1, 526 , and Le Mieux v. Cosgrove, 155 Minn. 353 , 193 N. W. 586 , the court reviewed errors excepted to at the trial and assigned as error on appeal from a judgment in a jury case even though there was no motion for new trial, although the question of the scope of review was not raised.

1951Plaintiff seeks to bring this case within the rule of Mattfeld v. Nester, 226 Minn. 106, 119 , 32 N. W. (2d) 291, 302 , 3 A. L.

1951Plaintiff seeks to bring this case within the rule of Mattfeld v. Nester, 226 Minn. 106, 119 , 32 N. W. (2d) 291, 302 , 3 A. L.

1946Such action of the court was assigned as error, but the appellate court disposed of this contention by stating that (45 N. E. [2d] 137) “she is entitled only to such a sum of money as represents that proportion of her husband’s real or personal property as is just.” In Longbotham v. Longbotham, 119 Minn. 139 , 137 N. W. 387 , supra, it appears that this court gave to a divorce statute providing for distribution of property a broad and liberal construction, with a view to making possible an equitable and, as far as practicable, a final settlement between the parties.

1946Such action of the court was assigned as error, but the appellate court disposed of this contention by stating that (45 N. E. [2d] 137) “she is entitled only to such a sum of money as represents that proportion of her husband’s real or personal property as is just.” In Longbotham v. Longbotham, 119 Minn. 139 , 137 N. W. 387 , supra, it appears that this court gave to a divorce statute providing for distribution of property a broad and liberal construction, with a view to making possible an equitable and, as far as practicable, a final settlement between the parties.

1940Bank v. Strait, 75 Minn. 396, 399 , 78 N. W. 101, 102 , in referring to an assigned error in respect to redirect examination of a witness impeached by his two written admissions, the court said: “Conceding that it was not [proper redirect], it was nevertheless within the discretion of the court to permit it.” 70 C.

1940Bank v. Strait, 75 Minn. 396, 399 , 78 N. W. 101, 102 , in referring to an assigned error in respect to redirect examination of a witness impeached by his two written admissions, the court said: “Conceding that it was not [proper redirect], it was nevertheless within the discretion of the court to permit it.” 70 C.

1935Co. 161 Minn. 45, 56 , 200 N. W. 922, 926 , it urns stated: “But when the accident is brought about in a way that the responsibility therefor does not rest wholly upon the defendant, the doctrine [res ipsa loquitur] obviously should not and does not apply.” The court withdrew from the consideration of the jury the issue of actual notice of defect, and this is assigned as error.

1935Co. 161 Minn. 45, 56 , 200 N. W. 922, 926 , it urns stated: “But when the accident is brought about in a way that the responsibility therefor does not rest wholly upon the defendant, the doctrine [res ipsa loquitur] obviously should not and does not apply.” The court withdrew from the consideration of the jury the issue of actual notice of defect, and this is assigned as error.

1932Phelps v. City of Mankato, 23 Minn. 276 ; Burrows v. Village of Lake Crystal, 61 Minn. 357 , 63 N.W. 745 ; Nye Y.

1932Phelps v. City of Mankato, 23 Minn. 276 ; Burrows v. Village of Lake Crystal, 61 Minn. 357 , 63 N.W. 745 ; Nye Y.

1932Phelps v. City of Mankato, 23 Minn. 276 ; Burrows v. Village of Lake Crystal, 61 Minn. 357 , 63 N.W. 745 ; Nye Y.

1916Lock-way v. Modern Woodmen of America, 131 Minn. 170 , 141 N. W. 1 . 3.

1907We held in the case of Manwaring v. O’Brien, 75 Minn. 542 , 78 N. W. 1 , that “where the vendee has knowledge of such facts as would lead the ordinarily prudent man, using ordinary caution, to make inquiries, whereby the fraudulent intent would have been discovered, he cannot be deemed a bona fide purchaser.” The instruction complained of was a Substantial compliance with the rule stated and correct.

1907We held in the case of Manwaring v. O’Brien, 75 Minn. 542 , 78 N. W. 1 , that “where the vendee has knowledge of such facts as would lead the ordinarily prudent man, using ordinary caution, to make inquiries, whereby the fraudulent intent would have been discovered, he cannot be deemed a bona fide purchaser.” The instruction complained of was a Substantial compliance with the rule stated and correct.

1904Following Cappis v. Wiedemann, 86 Minn. 156 , 90 N. W. 368 , and Olson v. Berg, 87 Minn. 277 , 91 N. W. 1103 , we are upon this point limited to a consideration of the question whether the evidence is sufficient to sustain the verdict.

1904Following Cappis v. Wiedemann, 86 Minn. 156 , 90 N. W. 368 , and Olson v. Berg, 87 Minn. 277 , 91 N. W. 1103 , we are upon this point limited to a consideration of the question whether the evidence is sufficient to sustain the verdict.

1904Following Cappis v. Wiedemann, 86 Minn. 156 , 90 N. W. 368 , and Olson v. Berg, 87 Minn. 277 , 91 N. W. 1103 , we are upon this point limited to a consideration of the question whether the evidence is sufficient to sustain the verdict.

1904Following Cappis v. Wiedemann, 86 Minn. 156 , 90 N. W. 368 , and Olson v. Berg, 87 Minn. 277 , 91 N. W. 1103 , we are upon this point limited to a consideration of the question whether the evidence is sufficient to sustain the verdict.

1899Anderson v. Kittell, 37 Minn. 125 , 33 N. W. 330 .

1899Anderson v. Kittell, 37 Minn. 125 , 33 N. W. 330 .

1897Conceding, without deciding, that the benefit which defendant might derive from having the plates remain with it, being its “chance of getting other work from them,” is too remote and unsubstantial to constitute it anything more than a gratuitous bailee, liable only for gross negligence (see Whitney v. First National, 55 Vt. 154 ), and that therefore this part of the charge was erroneous, still we are of the opinion that it was error without prejudice.

1890In the Lahr Case, 104 N. Y. 268 , (10 N. E.