O'Neill v. Johnson
Supreme Court of Minnesota
Appeal hy plaintiff, Frank P. O’Neill, from a judgment of the District Court of Hennepin County, William Lochren, J., entered against him May 9, 1892, for $12.68 costs. The defendant, Anna R. Johnson, on April 16, 1891, commenced a civil action in a Justice’s Court against the plaintiff, Frank P. O’Neill, to recover rent of a dwelling-house leased by her to his father. She claimed that Frank P. agreed to pay the rent.
Read the full summary
Appeal hy plaintiff, Frank P. O’Neill, from a judgment of the District Court of Hennepin County, William Lochren, J., entered against him May 9, 1892, for $12.68 costs. The defendant, Anna R. Johnson, on April 16, 1891, commenced a civil action in a Justice’s Court against the plaintiff, Frank P. O’Neill, to recover rent of a dwelling-house leased by her to his father. She claimed that Frank P. agreed to pay the rent. She at the same time made affidavit that she believed that James A. Kellogg was indebted to Frank P. in a sum exceeding ten dollars, and the Justice, on her request, issued a…
1Opinion of the CourtGileillan, C. J.
The court below, in ordering judgment for defendant on the pleadings, undoubtedly did so because it considered the complaint does not state a cause of action. The statement of damage recoverable in such an action is so obscured by statements in regard to damages not recoverable, because too remote and speculative, that we suspect the court overlooked the former, its attention being wholly directed to the latter.
An action will lie for maliciously and without probable cause prosecuting a civil action, whereby damage is caused to the defendant in such action. McPherson v. Runyon, 41 Minn. 524,…
2Cases cited9 opinions
- Goebel v. HoughSupreme Court of Minnesota · 1879
- Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Carsten v. Northern Pacific RailroadSupreme Court of Minnesota · 1890
- Simmer v. City of St. PaulSupreme Court of Minnesota · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hoppe v. KlapperichSupreme Court of Minnesota · 1947
- Mayflower Industries v. Thor Corp.New Jersey Superior Court Appellate Division · 1951
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Bickel v. MacKieDistrict Court, N.D. Iowa · 1978
- O'TOOLE v. FranklinOregon Supreme Court · 1977
15 more not listed; retrieve them via the Exa API.