68 Minn. 474 | Minn. | 1897
Defendant made a written proposition to lease to-plaintiff a certain dwelling for tbe term of three years at a stated.
It is first assigned that the court erred in overruling the demurrer. This assignment is of no avail upon appeal from an order denying a motion for a new trial. By answering the defendant waived all exceptions to the decision of the municipal court on the demurrer. The case stands here precisely as if no demurrer had been interposed. Coit v. Waples (1855) 1 Minn. 110 (134); Becker v. Sandusky (1856), 1 Minn. 243 (311).
The second assignment is that it was error to allow “testimony as to specific damages, because the same was not pleaded.” We do not quite understand what counsel calls “specific damages,” but in any event the assignment is too general and indefinite. And so is the third assignment, that the court erred when permitting plaintiff’s witnesses who had never been on the premises, to testify as to rental value of the property.
The fourth assignment is that it was error to overrule defendant’s objection to the introduction of any evidence under the allegations of the complaint. This objection seems to have been made at the outset of the trial, in connection with a motion by defendant’s counsel for judgment on the pleadings. But he failed to take an exception to the ruling of the court. The ruling cannot now be reviewed.
Under the fifth assignment of error counsel questions the finding “that there was an agreement between the plaintiff and defendant.” That there was an agreement of the nature we have mentioned ought not to be doubted. Nothing further need be said upon this assignment.
By the sixth assignment of error counsel challenges a ruling whereby the court refused to permit one Robert Craig to testify in defend
The seventh assignment, that the court erred “in its finding and order for judgment,” is indefinite and insufficient; and the same must be said of the eighth, that it was error to deny the “motion for a new trial.” As authority in support of what has .been said in respect to the second, third, fourth, seventh, and eighth assignments of error, see City v. Kuby, 8 Minn. 125 (154); Wilson v. Minnesota, 36 Minn. 112, 30 N. W. 401; Stevens v. City, 42 Minn. 136, 43 N. W. 842; American v. Piatt, 51 Minn. 568, 53 N. W. 877; Dallemand v. Swensen, 54 Minn. 32, 55 N. W. 815; Selover v. Bryant, 54 Minn. 434, 56 N. W. 58; Johnson v. Johnson, 57 Minn. 100, 58 N. W. 824; Yellow v. Wiger, 59 Minn. 384, 61 N. W. 452; Dodge v. McMahan, 61 Minn. 175, 63 N. W. 487; Minneapolis v. Firemen, 62 Minn. 315, 64 N. W. 902; First National v. Holan, 63 Minn. 525, 65 N. W. 952.
Order affirmed.