Dean v. Leonard
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities of Appellant. I. — The complaint in this action states facts sufficient to constitute a cause of action for use and .occupation ; and duplicity, or irrelevant and redundant matter, or a radical variance, cannot afford any ground for dismissing the action.
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APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities of Appellant. I. — The complaint in this action states facts sufficient to constitute a cause of action for use and .occupation ; and duplicity, or irrelevant and redundant matter, or a radical variance, cannot afford any ground for dismissing the action. But any attempt to limit the evidence to particular statements of facts, can only be made by motion to correct the pleading under see 80 of chap. 60 p. 542 Compiled Statutes, which must be noticed before answering, and within twenty days of service. Rule 12, District…
1Opinion of the Court
By the Court
Wilson, J.
The complaint in this action charges that “ the Defendant, on or about the 29th day of October,* A. D. 1859, and from that time until on or about the 10th day of April, A. D. 1861, leased, hired and rented of and from the Plaintiff, and actually was in the possession and occupancy of and occupied, as his family residence during that time, as the tenant of the said Plaintiff, and was, during all that time the tenant of the said Plaintiff in, and occupying that certain brick two-story dwelling house,” &c.
“ That said premises were worth, and of the value of the sum and…
2Cases cited1 opinion
- Lynd v. PicketSupreme Court of Minnesota · 1862
3Cited by4 opinions
- Kingsley v. GilmanSupreme Court of Minnesota · 1867
- Frasier v. WilliamsSupreme Court of Minnesota · 1870
- Hewitt v. BrownSupreme Court of Minnesota · 1874
- Hecklin v. EssSupreme Court of Minnesota · 1870