Legal Opinion

Bernick v. McClure

Supreme Court of Minnesota

Decided January 22, 1909No. Nos. 15,898—(157)PublishedCited by 13 opinions

Action by the administratrix of Mary Plehan, deceased,, in the district court for Stearns county against Thomas S. McClure, Charles A. Bernick and George R. Whitney, to recover possession of personal property or $1,000, the value thereof. The substance of the pleadings is stated in the opinion. The case was tried before Baxter, J., who made findings and ordered judgment in favor of plaintiff.

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Action by the administratrix of Mary Plehan, deceased,, in the district court for Stearns county against Thomas S. McClure, Charles A. Bernick and George R. Whitney, to recover possession of personal property or $1,000, the value thereof. The substance of the pleadings is stated in the opinion. The case was tried before Baxter, J., who made findings and ordered judgment in favor of plaintiff. From an order denying their motion for a new trial, defendants McClure and .Whitney appealed.

1Opinion of the Court

start, c. J.

This action was originally commenced by the plaintiff’s intestate, Mary Plehan, for whom the plaintiff has been substituted, in the district court of the county of Stearns, to recover possession of two hundred Angora goats, fifteen cows, and four steers. The complaint alleged that the plaintiff, Mary Plehan, was the owner of the personal property, which was of the value of $1,000. The answer of the defendant Whitney admitted the possession of the property and its value, denied the other allegations of the complaint, and alleged that he was the owner of the property as the receiver…

2Cases cited2 opinions

  1. Suter v. PageSupreme Court of Minnesota · 1896
  2. Mankato Mills Co. v. WillardSupreme Court of Minnesota · 1905

3Cited by13 opinions

  1. Chang v. Meaghers.Hawaii Supreme Court · 1953
  2. Leystrom v. City of AdaSupreme Court of Minnesota · 1910
  3. Alsleben v. Oliver CorporationSupreme Court of Minnesota · 1959
  4. First National Bank v. SchirmerSupreme Court of Minnesota · 1916
  5. Masters v. BoyesSupreme Court of Oklahoma · 1914

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