McSherry v. Heimer
Supreme Court of Minnesota
Action in the district court for Ramsey county against John M. Heimer and Charles Kleitz to recover $500 for malicious and unlawful breaking into plaintiff’s house and carrying away therefrom 20 bushels of potatoes.
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Action in the district court for Ramsey county against John M. Heimer and Charles Kleitz to recover $500 for malicious and unlawful breaking into plaintiff’s house and carrying away therefrom 20 bushels of potatoes. Defendant Heimer in his separate answer alleged that about 16 bushels of potatoes which he owned had been stolen from his premises and a part of them deposited in a cellar of plaintiff’s homestead and another part in the yard near her house; that under a search warrant issued by the village justice of the peace defendant, at the request of the constable of the village, accompanied…
1Opinion of the CourtHolt, J.
It appears from the bill of exceptions that, if the search warrant under which defendants justified was valid and permitted the search of the dwelling house of plaintiff and her husband, then the judgment in favor of plaintiff cannot stand, the action being one for unlawful trespass in searching the house and premises of plaintiff. The search warrant was issued by a justice of the peace upon the sworn complaint of appellant, and was delivered to the defendant Kleitz, a constable, for service. At the request of the constable the appellant accompanied the officer to identify the property to be…
2Cases cited16 opinions
- Rose v. StateIndiana Supreme Court · 1909
- Firestone v. RiceMichigan Supreme Court · 1888
- Metcalf v. WeedSupreme Court of New Hampshire · 1889
- Rouse v. Catskill & New York Steam-Boat Co.New York Supreme Court · 1891
- State v. MarkusonNorth Dakota Supreme Court · 1897
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3Cited by24 opinions
- Steele v. United States No. 1Supreme Court of the United States · 1925
- United States v. BorkowskiDistrict Court, S.D. Ohio · 1920
- Robinette v. PriceSupreme Court of Minnesota · 1943
- State v. DanielsSupreme Court of New Jersey · 1966
- United States v. Eli GusanCourt of Appeals for the Seventh Circuit · 1977
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