87 Minn. 277 | Minn. | 1902
Action for damages for malicious prosecution. Plaintiff had a verdict in the court below, and defendant appealed from an order denying his motion for a new trial.
The only assignments of error which we are permitted to consider are with reference to certain rulings of the trial court on the admission of evidence. Some of the assignments which go to the alleged errors in the refusal of the trial court to instruct the jury in certain respects are not founded on any exceptions taken at the trial, and were not specified as errors in the notice of motion for a new trial. These cannot, therefore, be considered. We construed Laws 1901, c. 113, dispensing with the necessity of taking exceptions on the trial of an action, in Cappis v. Wiedemann, 86 Minn. 156, 90 N. W. 368, where the correct practice was pointed out: In cases where exceptions are taken at the trial, parties may proceed as under the old practice, specifying the ground of the motion for the new trial generally, but rulings not excepted to can be taken advantage of only by proceeding in accordance with the requirements of the act of 1901. That decision is followed and applied in this case.
It appears from the record that plaintiff purchased through defendant, who was acting as agent, a threshing rig; and defendant claimed that at the time of the purchase, and as a. part of the transaction, plaintiff made and signed a written property statement, representing therein that he was the owner of certain
As already stated, the only errors which appellant’s assignments permit us to consider are with reference to the rulings of the court on the admission of evidence. We have examined all these with care and patience, and find nothing on which to base an order granting a new trial. None of them are of sufficient importance to require special mention in this opinion, though we may refer briefly to that in reference to the admission of the testimony of the witness Hayden. Mr. Hayden was acting as county attorney at about the time the prosecution against plaintiff was commenced, and was consulted by defendant, presumably in reference to this particular prosecution, though the evidence does not definitely and clearly show that fact. However, it appears that defendant called upon Mr. Hayden for the purpose of consulting him, as county attorney, with reference to prosecuting some one for making a false property statement. The evidence was objected to by defendant because not connected with the case in hand, and a motion was made to strike it out, which motion was granted by the trial court in the following language:
“The motion to strike out Mr. Hayden’s testimony as to the talk he had with Berg in his office is granted.”
The question whether the verdict is sustained by the evidence is not presented by any assignment of error, and cannot be considered.
The order appealed from is affirmed.