SIMON v. CARROLL

Nos. 36,072, 36,073, 36,074, 36,075.

241 Minn. 211 (1954)

MARY SIMON AND ANOTHER v. GLENN CARROLL. MELVIN THORSON AND ANOTHER v. SIDNEY SIMON AND ANOTHER. GLENN CARROLL, APPELLANT.

Supreme Court of Minnesota.

February 11, 1954.


Attorney(s) appearing for the Case

Nelson, Casey & Tripp and Brenner & Schnell, for appellant.

James K. Rietz, for respondents Sidney and Mary Simon.

Moonan, Moonan, Friedel & Senn and Lord & Walbran, for respondent Sidney Simon.

Arthur Olsen and Donald T. Barbeau, for respondent Thorson.

Cook & Keyes, for respondent Schiller.


MATSON, JUSTICE.

In each of four actions consolidated for trial defendant Carroll appeals from an order denying his motion for judgment notwithstanding the verdict or a new trial.

We are here concerned with the following issues: (1) The right of a party who is both plaintiff and defendant in a joint trial to appear in each capacity by a separate set of attorneys, (2) whether an attorney who appears for a party in his capacity as a defendant may cross-examine...

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