Lamprey v. Nelson
Supreme Court of Minnesota
In this case the action was upon an account assigned to the plaintiff by Adolph Munch* for services rendered in sluic-^ Sng and driving certain logs through a dam on the Snake ■river, between the lands of the said Munch.
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In this case the action was upon an account assigned to the plaintiff by Adolph Munch* for services rendered in sluic-^ Sng and driving certain logs through a dam on the Snake ■river, between the lands of the said Munch. The complaint alleged that the services were rendered by the .said Adolph ¡Munch at the instance and request of the defendant, and set out all the steps taken by Munch to procure a license from the county commissioners for the construction and maintenance of the dam between the said lands. The district court of Bamsey county, Brill, J., presiding, sustained a demurrer to this…
1Opinion of the CourtGilpillan, C. J.
The complaint shows a cause of action, because it alleges a request by defendant to do the work, labor and services sued for, and also a promise to pay for them.
The work, labor' and services appear to have been performed by means of a dam across Snake river, and from the manner in which it is pleaded (all the steps taken to procure a license being set out and they being insufficient) it appears • Munch had no operative license from the county commissioners to build and maintain the dam.
If it were unlawful for one to construct and maintain a dam across a stream upon his own land, he could make…
2Cited by4 opinions
- Hallock v. SuitorOregon Supreme Court · 1900
- Kretzschmar v. MeehanSupreme Court of Minnesota · 1898
- Coffin v. RobinsonSupreme Judicial Court of Maine · 1910
- Red River Lumber Co. v. Children of IsrælNorth Dakota Supreme Court · 1897