Larson v. Johnson
Supreme Court of Minnesota
Action before a justice of the peace to recover possession of a yoke of. oxen or $85 damages in case possession could not be had. The justice found in favor of plaintiff for $30 and costs, but failed to enter an alternative judgment. Defendant appealed to the district court for Aitkin county on questions of law. In the district court the appeal was heard before Holland, J., who made an order reversing the judgment.
Read the full summary
Action before a justice of the peace to recover possession of a yoke of. oxen or $85 damages in case possession could not be had. The justice found in favor of plaintiff for $30 and costs, but failed to enter an alternative judgment. Defendant appealed to the district court for Aitkin county on questions of law. In the district court the appeal was heard before Holland, J., who made an order reversing the judgment. From a judgment entered pursuant to the order, plaintiff appealed to the supreme court.
1Opinion of the CourtBrown, J.
This action was commenced in justice court to recover the possession of certain personal property. Plaintiff had judgment in that court, which was reversed on appeal to the district court, and plaintiff appealed to this court.
The facts are short, and as follows: Plaintiff claims to have been the owner of the property in question, and to have sold the same to defendant Johnson, the sale having been made on condition that the title and ownership should not pass from plaintiff until full payment of the purchase price. Defendant Mausten gave bond for the redelivery of the property in the justice…
2Cases cited2 opinions
- Moor v. FolsomSupreme Court of Minnesota · 1869
- Croonquist v. FlatnerSupreme Court of Minnesota · 1889
3Cited by1 opinion
- Trace v. VoightSupreme Court of Minnesota · 1905