Opinion
No. 37,171.
April 3, 1958.
Appeal and error — decision by equally divided court.
Action in the Hennepin County District Court wherein plaintiff sought to establish a joint venture between plaintiff and defendant A. R. Bakke and joint ownership of certain real estate. Defendant Theresia Pearson was also named as defendant because of her nominal interest in the property involved. The case was tried before Leslie L. Anderson, Judge, and an advisory jury, and on the basis of the jury's answers to certain interrogatories, the court found for plaintiff. Defendants appealed from an order denying their motion for a new trial. Affirmed.
Leonard, Street Deinard, for appellants.
Leslie Erickson, pro se, and Harry H. Peterson, for respondent.
Associate Justice Thomas Gallagher deeming himself disqualified to participate in the consideration or decision of the questions presented by this appeal, and the other members of the court being equally divided, the order of the lower court is affirmed without opinion.
Armstrong v. City of Rochester, 211 Minn. 613, 299 N.W. 683; 1 Dunnell, Dig. (3 ed.) § 290, and cases cited therein.
Affirmed.
UPON REHEARING.
On December 19, 1958, the following opinion was filed:
Associate Justice Thomas Gallagher deeming himself disqualified to participate in the consideration or decision of the questions presented by this appeal, and the other members of the court after the rehearing still being equally divided, the order of the lower court is affirmed without opinion.
FOOTNOTE 1 IS OMITTED FROM THE OFFICIAL COPY OF THIS DOCUMENT, THEREFORE IT IS NOT DISPLAYED IN THE ONLINE VERSION.
Affirmed.