Hunt v. O'Leary
Supreme Court of Minnesota
Action of ejectment in the district court, for Nicollet county by Walden S. Hunt and others, substituted as plaintiffs in place of Sarah Hunt, deceased, against P. H. O’Leary and others, substituted as defendants in place of Edward O’Leary, deceased. Upon the first trial of the case judgment was entered in favor of the original defendant.
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Action of ejectment in the district court, for Nicollet county by Walden S. Hunt and others, substituted as plaintiffs in place of Sarah Hunt, deceased, against P. H. O’Leary and others, substituted as defendants in place of Edward O’Leary, deceased. Upon the first trial of the case judgment was entered in favor of the original defendant. Thereafter, plaintiff’s application for a second trial having been granted, William G-. Hoerr, who meantime had succeeded to the defendant’s interest, filed a complaint of intervention praying for affirmative relief. Upon the second trial, before Webber, J.,…
1Opinion of the CourtCollins, J.
This is an action of ejectment, and its history prior to the second trial, now involved, quite fully appears in the opinion filed upon a former appeal. 78 Minn. 281, 80 N. W. 1120. Upon remittitur, Mr. Hoerr, who strenuously and successfully insisted at that time that he ought not to be made a party defendant, changed his mind, and thereafter filed a complaint in intervention, asserting that he had long before succeeded to the interests of the (substituted) defendants in the property, alleging that he was the owner and entitled to possession, and demanding affirmative relief as to such…
2Cases cited1 opinion
- Hunt v. O'LearySupreme Court of Minnesota · 1899
3Cited by4 opinions
- Tanner v. American National BankSupreme Court of Georgia · 1916
- Kiebach v. KiebachSupreme Court of Minnesota · 1948
- Prosser v. ManleySupreme Court of Minnesota · 1913
- United States v. ThompsonCourt of Appeals for the Tenth Circuit · 1942