Cited by
Opinions in Minnesota that cite Leuba v. Bailey, 88 N.W.2d 73.
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Michael Nassif, Appellant,
Minn. Ct. App. 2021
Moreover, we have recognized the “well -established rule that motions for a new trial should be granted cautiously and sparingly and only in the furtherance of substantial justice.”
- In re the Guardianship/Conservatorship of: Lorraine Helen Schmidt. Minn. Ct. App. 2016
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In re the Guardianship/Conservatorship of: Lorraine Helen Schmidt.
Minn. Ct. App. 2016
DECISION Trial courts should grant motions for a new trial cautiously, sparingly, and “only in the furtherance of substantial justice.” Leuba v. Bailey, 251 Minn. 193, 193
- Jay Nygard v. Penny Rogers Minn. Ct. App. 2015
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Jay Nygard v. Penny Rogers
Minn. Ct. App. 2015
Trial courts should grant motions for a new trial cautiously, sparingly, and “only in furtherance of substantial justice.” Leuba v. Bailey, 251 Minn. 193, 194, d 73, 74 (1957).
- Robert Shane Belzer v. American Family Mutual Insurance Company Minn. Ct. App. 2015
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Robert Shane Belzer v. American Family Mutual Insurance Company
Minn. Ct. App. 2015
“[P]rejudice is the primary consideration in determining whether to grant a new trial,” and “the refusal to grant a new trial will be reversed only if misconduct is so prejudicial that it would be unjust to allow the result to stand.” Torchwood Props., (quotations omitted); see also Leuba v. Bailey, 251 Minn. 193, 207–08, (stating that there is a “well-established rule that motions for a new trial should be granted cautiously and sparingly and only in the furtherance of substantial justice”).
- Baker v. Amtrak National Railroad Passenger 588 N.W.2d 749 Minn. Ct. App. 1999
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Baker v. Amtrak National Railroad Passenger
588 N.W.2d 749
Minn. Ct. App. 1999
Leuba v. Bailey, 251 Minn. 193, 207-08
- Covey v. Detroit Lakes Printing Co. 490 N.W.2d 138 Minn. Ct. App. 1992
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Covey v. Detroit Lakes Printing Co.
490 N.W.2d 138
Minn. Ct. App. 1992
See Leuba v. Bailey, 251 Minn. 193, 207-08
- ESTATE OF JONES BY BLUME v. Kvamme 430 N.W.2d 188 Minn. Ct. App. 1988
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ESTATE OF JONES BY BLUME v. Kvamme
430 N.W.2d 188
Minn. Ct. App. 1988
Motions for a new trial based on newly discovered evidence “should be granted cautiously and sparingly in the furtherance of substantial justice.” Leuba v. Bailey, 251 Minn. 193, 208
- State Ex Rel. Spannaus v. Northwest Airlines, Inc. 413 N.W.2d 514 Minn. Ct. App. 1987
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State Ex Rel. Spannaus v. Northwest Airlines, Inc.
413 N.W.2d 514
Minn. Ct. App. 1987
A motion for a new trial, however, should be granted “cautiously and sparingly and only in the furtherance of substantial justice.” Leuba v. Bailey, 251 Minn. 193, 207-08
- Miller v. Michel 409 N.W.2d 11 Minn. Ct. App. 1987
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Miller v. Michel
409 N.W.2d 11
Minn. Ct. App. 1987
“[Mjotions for a new trial should be granted cautiously and sparingly and only in the furtherance of substantial justice.” Leuba v. Bailey, 251 Minn. 193, 207-08
- Hertz v. Hertz 229 N.W.2d 42 Minn. 1975
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Hertz v. Hertz
229 N.W.2d 42
Minn. 1975
Manahan v. Jacobson, 226 Minn. 505 , Leuba v. Bailey, 251 Minn. 193
- O'Rourke v. O'Rourke 167 N.W.2d 733 Minn. 1969
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O'Rourke v. O'Rourke
167 N.W.2d 733
Minn. 1969
Bank, supra; In re Estate of Enyart, supra; Claggett v. Claggett, 204 Minn. 568 , ; Hafner v. Schmitz, 215 Minn. 245 , 9 N. W. (2d) 713 ; In re Estate of Wilson, 223 Minn. 409 , 27 N. W. (2d) 429 ; Sorlie v. Thomas, 235 Minn. 509 , 51 N. W. (2d) 592 ; Leuba v. Bailey, 251 Minn. 193 , 88 N. W. (2d) 73 ; In re Estate of Anthony, 265 Minn. 382 , 121 N. W. (2d) 772 ; Agner v. Bourn, 281 Minn. 385 , 161 N. W. (2d) 813 .
- Agner v. Bourn 161 N.W.2d 813 Minn. 1968
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Agner v. Bourn
161 N.W.2d 813
Minn. 1968
In Leuba v. Bailey, 251 Minn. 193, 202 , 88 N. W. (2d) 73, 80 , this court in sustaining the lower court held: “The trial court is the finder of the facts and conflicts in the evidence are to be resolved in that court.
- Capital Warehouse Co. v. McGill-Warner-Farnham Co. 149 N.W.2d 31 Minn. 1967
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Capital Warehouse Co. v. McGill-Warner-Farnham Co.
149 N.W.2d 31
Minn. 1967
Light & Power Assn. 253 Minn. 77 , *114 91 N. W. (2d) 148 ; Leuba v. Bailey, 251 Minn. 193 , 88 N. W. (2d) 73 ; 1 Dunnell, Dig.
- Fenrick v. Olson 131 N.W.2d 235 Minn. 1964
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Fenrick v. Olson
131 N.W.2d 235
Minn. 1964
It is a question whether they were of such a character and were made under such circumstances that they were reasonably calculated to deceive the plaintiff * * *; and the diligence and prudence that is required is such as may reasonably be expected of a person of the intelligence and capacity of the person seeking the relief.” See, also, Leuba v. Bailey, 251 Minn. 193, 203 , 88 N. W. (2d) 73, 80 ; In re Estate of Stephens, 207 Minn. 597 , .
- In Re Estate of Anthony 265 Minn. 382 Minn. 1963
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In Re Estate of Anthony
265 Minn. 382
Minn. 1963
[3] Leuba v. Bailey, 251 Minn. 193 , 88 N.W.