Case v. Favier
Supreme Court of Minnesota
Tbis action was commenced before a justice of the peace and removed to the district court for Dakota County by appeal. Upon trial in the district court a verdict was returned for the defendant, whereupon the plaintiff moved the court for a new trial, which motion was denied, and from the order denying the same the plaintiff appeals to this court. A sufficient statement of the case will be found in the opinion of the court.
1Opinion of the Court
By the Gowrt
McMillan, J.
This is an action of trespass queure clausum fregit. The complaint charges that on the 22d of December, 1864, at the town of Nininger, County of Dakota, State of Minnesota, the defendant did break and enter the close of the plaintiff, to-wit: lots 5, 6, Y, 8, 9, 10, 11 and 12 in Nininger’s Addition to the town of Nininger, and then and there placed upon and within the boundaries of said close, large quantities of wood, and expelled the plaintiff therefrom, &c., and claiming damage in the sum of $35.
The defendant’s answer denies each and every allegation in the…
2Cited by3 opinions
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- Klenk v. Town of Walnut LakeSupreme Court of Minnesota · 1892
- Village of Mankato v. MeagherSupreme Court of Minnesota · 1871