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Tank v. Clark

Supreme Court of Minnesota
Mar 7, 1930
229 N.W. 579 (Minn. 1930)

Opinion

No. 27,811.

March 7, 1930.

Prevailing party.

Defendant, who recovered on his counterclaims same amount as plaintiff on his complaint, was prevailing party and entitled to costs because he prevented recovery by plaintiff. [Reporter]

Defendant appealed from a judgment of the district court for Stearns county, Roeser, J. affirming a judgment in favor of plaintiff in the municipal court. Reversed.

George L. Barnard, for appellant.

Victor T. Conklin and W. J. Stephens, for respondent.



Appeal by defendant from a judgment in the district court affirming a judgment for costs in favor of plaintiff in municipal court.

Plaintiff brought suit in municipal court to recover $10 damages for trespass. Defendant counterclaimed for sums in excess of that amount. The court found that plaintiff was entitled to recover the $10, but also found that defendant was entitled to recover $10 on his counterclaims. One sum offset the other. In that situation judgment should have been entered that neither party was entitled to recover any damages from the other and for recovery of costs by defendant. The defendant, having succeeded in offsetting plaintiff's claim and preventing any recovery thereon, was the prevailing party and entitled to costs. G. S. 1923 (1 Mason, 1927) § 229. The term "costs" as here used refers to disbursements, as no statutory costs are involved.

Judgment reversed. No statutory costs will be taxed in this court.


Summaries of

Tank v. Clark

Supreme Court of Minnesota
Mar 7, 1930
229 N.W. 579 (Minn. 1930)
Case details for

Tank v. Clark

Case Details

Full title:FRANK TANK v. SAM CLARK

Court:Supreme Court of Minnesota

Date published: Mar 7, 1930

Citations

229 N.W. 579 (Minn. 1930)
229 N.W. 579

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