7 Minn. 29 | Minn. | 1862
By the Court
This case was originally commenced in the District Court, and was tried by a referee. On the coming in of the report, judgment was entered upon it. A motion was then made to set aside the judgment and report oí the referee and for a new trial, which motion was granted and a new trial ordered. An appeal was then taken from the order so made to this Court, and the order was reversed, which had the effect of reinstating the report of the referee and the judgment uhic’.i had been previously set aside. The appeal from the order did not bring the cause into this Court, but only brought up such parts of the record as were necessary to present the points sought to be reviewed, and when the order was reversed by this Court, the judgment in the Court below stood as if no such order had ever been made. The Defendant, discovering that Patrick Keough was a resident of the State of Tennessee and had joined the rebel army, filed a supplemental answer alleging these facts pursuant to the statute passed last session of the Legislature, and procured a stay of all proceedings in the cause in the Supreme Court. To this answer the Plaintiff demurred, and an order was made by the District Court overruling the demur
We deny the motion on the ground that the District Court has the cause, and the substitution should take place there.