Dorr v. Mickley
Supreme Court of Minnesota
This action was commenced in the district court for Stearns county, against the defendant, who was sheriff of the county, to recover possession of two horses and two halters.
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This action was commenced in the district court for Stearns county, against the defendant, who was sheriff of the county, to recover possession of two horses and two halters. The plaintiff, Dorr, having given to one Peter Brauch a chattel mortgage in the common form, upon the horses, and this mortgage being due and unpaid, one M. Lauerman, a deputy of defendant, at the request of Brauch, but without directions from the defendant and without his knowledge, took the horses, with the halters upon them, from the possession of the plaintiff, for the purpose of foreclosing the mortgage. After a…
1Opinion of the Court
By the Court
McMillan, J.
This is an action to recover the possession of certain personal property, which *22it is alleged, the defendant wrongfully took and detains from the plaintiff, together with damages for such detention.
The cause was tried by a jury in the court below, and resulted in a verdict for the defendant. The court, on motion of the plaintiff, granted a new trial; and from the order granting such new trial the defendant appealed to this court.
It appears that, after the original pleadings were settled, the complaint was amended ; and upon the trial an amendment was allowed to the…
2Cited by14 opinions
- Heinrich v. EnglundSupreme Court of Minnesota · 1885
- Hawkins v. ThomasIndiana Court of Appeals · 1891
- Dysart v. LurtySupreme Court of Oklahoma · 1895
- Richardson v. RogersSupreme Court of Minnesota · 1887
- Atwood v. AtwoodSupreme Court of Minnesota · 1958
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