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eBook details

• Title: Harry Straus v. Bessie Straus and Others
• Author : Supreme Court of Minnesota
• Release Date : January 30, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Two issues are presented on this appeal: (1) Whether the trial court abused its discretion in denying plaintiff's motions
for the appointment of a temporary receiver; and (2) whether the trial court abused its discretion in granting defendants'
motion for the continuation of the partnership business by defendants during the pendency of the litigation. We will therefore
be concerned with the question whether the evidence as a whole reasonably tends to support the orders of the trial court.
See, 1 Dunnell, Dig. (3 ed.) §§ 410, 411, and collected cases. The general rule that upon appeal the evidence must be taken in the light most favorable to the prevailing party applies
to evidence presented by affidavits submitted in support of and in opposition to motions. 1 Conflicts in the evidence,
even though the presentation is upon affidavits, are to be resolved by the trial court.

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