Legal Opinion

Waite v. McKelvy

Supreme Court of Minnesota

Decided January 12, 1898No. Nos. 10,920-(218)PublishedCited by 6 opinions

Appeal by defendant from an order of the district court for Stearns county, Baxter, J., denying his motion for judgment notwithstanding the verdict or for a new trial, after a verdict for plaintiff by direction of the court.

1Opinion of the CourtStart, C. J.

This was an action of claim and delivery to recover possession of a car load of wheat, rye, buckwheat, flour, chicken feed and sweepings, which was conceded to be at one time the property of Clarke Waite, a son of the plaintiff, but which was sold by him to the plaintiff, as she claims, before it was levied upon by the defendant, as sheriff, by virtue of a writ of attachment issued in an action against him as his property.

*168The only issue in the case which it is necessary here to consider is the ownership of the property. The trial court, at the close of the evidence, directed the jury to…

2Cases cited3 opinions

  1. Ely v. OrmsbyNew York Supreme Court · 1851
  2. Fontaine v. BushSupreme Court of Minnesota · 1889
  3. Taylor v. MuellerSupreme Court of Minnesota · 1883

3Cited by6 opinions

  1. Leonard v. RothMichigan Supreme Court · 1911
  2. Borchardt v. KulickSupreme Court of Minnesota · 1951
  3. St. Anthony & Dakota Elevator Co. v. County of CassNorth Dakota Supreme Court · 1905
  4. Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
  5. Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949

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