Lehmann v. Chapel
Supreme Court of Minnesota
Appeal by defendant, sheriff of Ramsey county, from an order of the district court for Ramsey county, Kelly, J., denying defendant’s motipn for judgment in his favor notwithstanding the verdict for plaintiff or for a new trial. There was no evidence of title in plaintiff and her bare statement will not sustain a verdict against the undisputed facts.
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Appeal by defendant, sheriff of Ramsey county, from an order of the district court for Ramsey county, Kelly, J., denying defendant’s motipn for judgment in his favor notwithstanding the verdict for plaintiff or for a new trial. There was no evidence of title in plaintiff and her bare statement will not sustain a verdict against the undisputed facts. Smith v. Barclay, 49 Minn. 365; Olson v. Swensen, 53 Minn. 516. When a third person is in possession of property his statements as to its ownership or for whom he holds it are not hearsay, but are a part of the res gestae and competent evidence.…
1Opinion of the CourtMitchell, J.
This was an action to recover damages for the wrongful conversion of a saloon stock, consisting of liquors and cigars, which plaintiff alleged was her property. The defendant denied that the goods were plaintiff’s, alleged that they belonged to her husband, and justified the taking under an execution against him. Plaintiff testified that she bought the stock and paid for it with her own money, and put her husband in possession of the property and of the saloon business as her agent. The evidence on part of the defendant showed that the husband was in the possession, control and management of…
2Cases cited4 opinions
- Brown v. KohoutSupreme Court of Minnesota · 1895
- King v. FrostSupreme Court of Minnesota · 1881
- Olson v. SwensenSupreme Court of Minnesota · 1893
- Dailey v. LinnehanSupreme Court of Minnesota · 1890
3Cited by9 opinions
- McDonald v. BayhaSupreme Court of Minnesota · 1904
- Thompson v. LillegaardSupreme Court of Minnesota · 1923
- Hansen v. ShepherdSupreme Court of Minnesota · 1923
- Noblitt v. DurbinOregon Supreme Court · 1902
- Rollofson v. NashSupreme Court of Minnesota · 1899
4 more not listed; retrieve them via the Exa API.