(Download) "Henry L. Sawyer Co. v. Boyajian" by Supreme Court of Minnesota * Book PDF Kindle ePub Free
eBook details
- Title: Henry L. Sawyer Co. v. Boyajian
- Author : Supreme Court of Minnesota
- Release Date : January 05, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
FIELD, Chief Justice. This action of contract on a promissory note was brought in a district court, where there was a finding for the plaintiff. There were several reports to the Appellate Division, all of which were dismissed. An appeal to this court was taken on the matters involved in two of the reports, and the order dismissing the reports was affirmed. Mass., 5 N.E.2d 348. Thereafter the defendant petitioned the Appellate Division to establish a report relating to a denial by the District Court of a motion by the defendant for a new trial based on newly discovered evidence. The petition was denied. The defendant filed an appeal in this court. This court, assuming without deciding that such an appeal lies, affirmed the order of the Appellate Division denying the petition. Mass., 10 N.E.2d 471. The defendant then made a motion -- supported by his affidavit to the truth of the facts therein stated -- to stay, abate, or discontinue proceedings in the case, assigning as ground therefor that the same was brought (as appears on the record) and prosecuted by a corporation operating as a collection agency which has been forbidden by law and by the terms of an Order of Judgment from bringing or prosecuting such actions. The motion was denied by the Appellate Division. A motion of the plaintiff that this Appellate Division impose double costs on the defendant in this action, for the reason that his objections to rulings of the Court are frivolous and intended for delay, was allowed. The defendant filed in this court an appeal from these orders of the Appellate Division.