City of St. Paul v. Chicago, M. & St. P. Ry. Co.
Supreme Court of Minnesota
Appeal by the Chicago, Milwaukee & St. Paul Bailway Company from an order of the District Court of Bamsey County, Brill, 3., made September 22, 1891, refusing to vacate and strike from the records the notice and demand of the City of St. Paul, plaintiff, for a new trial of this action under 1878 G-. S. ch. 75, § 11. The facts in this action and the character of the relief awarded are stated in the decision of this court on the former appeal therein.
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Appeal by the Chicago, Milwaukee & St. Paul Bailway Company from an order of the District Court of Bamsey County, Brill, 3., made September 22, 1891, refusing to vacate and strike from the records the notice and demand of the City of St. Paul, plaintiff, for a new trial of this action under 1878 G-. S. ch. 75, § 11. The facts in this action and the character of the relief awarded are stated in the decision of this court on the former appeal therein. City of St. Paul v. Chicago, M. d St. P. Ry. Co., 45 Minn. 387. After that determination, judgment was entered in the District Court on May 18,…
1Opinion of the CourtVanderburgh, J.
The question here involved is whether this action is one for the recovery of real property, so as to entitle the plaintiff to demand a second trial under the statute. 1878 G. S. ch. 75, § 11.
It is evident, we think, from'the pleadings, that the real controversy here is over the title of the locus in quo, and the possession thereof, dependent upon the question of title, which possession, among other relief, the plaintiff seeks in its complaint. Such other relief is, however, merely incidental or ancillary to the main controversy, as we have indicated. The plaintiff, a municipal corporation,…
2Cases cited1 opinion
- Stuart v. LowrySupreme Court of Minnesota · 1892
3Cited by4 opinions
- Stuart v. LowrySupreme Court of Minnesota · 1892
- Gahre v. BerrySupreme Court of Minnesota · 1900
- Phillips v. MoSupreme Court of Minnesota · 1905
- Tew v. WebsterSupreme Court of Minnesota · 1908