State v. Shevlin-Carpenter Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Russell, J., denying a motion for a new trial. If the permit was issued without authority, it is no defense. The evidence offered by plaintiff, and excluded, tended to show that the steps necessary for the issuance of a valid permit were not taken. The state is not bound by a permit so issued.
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Appeal by plaintiff from an order of the district court for Hennepin county, Russell, J., denying a motion for a new trial. If the permit was issued without authority, it is no defense. The evidence offered by plaintiff, and excluded, tended to show that the steps necessary for the issuance of a valid permit were not taken. The state is not bound by a permit so issued. Clark v. United States, 95 U. S. 539; Attorney General v. Smith, 31 Mich. 359; Clark v. City of Des Moines, 19 Iowa, 199, 87 Am. Dec. 423; People v. Center, 66 Cal. 551, 5 Pac. 263, and 6 Pac. 481; Delafield v. State of…
1Opinion of the Court
START, O. J.
Action of claim and delivery for the recovery of certain pine logs cut from state lands, viz. section 36, township 19, range 44, which were in the possession of the defendant, at Minneapolis, at the commencement of the action.
The eomplaint alleges that the plaintiff is the owner of the logs, and entitled to the immediate possession of them; that the defendant wrongfully detains them; and that they are of the value of $25,-000. The answer admits and alleges that the logs were cut by it from section 36 under and by virtue of a permit so to do, regular on its face, made, issued, and…
2Cases cited13 opinions
- Sherman v. BuickSupreme Court of the United States · 1876
- Nesbitt v. St. Paul Lumber Co.Supreme Court of Minnesota · 1875
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- King v. MerrimanSupreme Court of Minnesota · 1887
- Hoxsie v. Empire Lumber Co.Supreme Court of Minnesota · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wood v. WeaverCourt of Appeals of Virginia · 1917
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1896
- Hastay v. BonnessSupreme Court of Minnesota · 1901
- Martin v. Federal Surety Co.Court of Appeals for the Eighth Circuit · 1932
- Dolliff v. RobbinsSupreme Court of Minnesota · 1901
10 more not listed; retrieve them via the Exa API.