Itasca Cedar & Tie Co. v. McKinley
Supreme Court of Minnesota
Action in replevin in tbe district court for St. Louis county to' recover possession of certain timber and its products or, in case possession could not be obtained, for $50,000 tbe value thereof and $10,-000 for its detention. Tbe case was tried before Stanton, J., who denied motions for directed verdicts, and a jury wbicb returned a verdict, that plaintiff was entitled to the possession of the property.
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Action in replevin in tbe district court for St. Louis county to' recover possession of certain timber and its products or, in case possession could not be obtained, for $50,000 tbe value thereof and $10,-000 for its detention. Tbe case was tried before Stanton, J., who denied motions for directed verdicts, and a jury wbicb returned a verdict, that plaintiff was entitled to the possession of the property. From an order denying their motion for a new trial, defendants appealed.
1Opinion of the CourtHallam, J.
This is an action in replevin to recover possession of a quantity of timber products located in the yards of defendant McKinley, at Brainerd, Minnesota. The action was commenced and the property seized under writ of replevin in September, 1908. Plaintiff recovered a verdict. Defendants appeal from an order denying their motion for a new trial.
Replevin is a possessory action, and it was incumbent upon plaintiff to prove its right to immediate possession. Plaintiff’s claim is that it had purchased the property in question from defendant McKinley. It claims that, by virtue of the contracts…
2Cases cited9 opinions
- Mississippi River Logging Co. v. RobsonCourt of Appeals for the Eighth Circuit · 1895
- Chicago & Alton Railroad v. American Strawboard Co.Illinois Supreme Court · 1901
- Fidelity & Casualty Co. of New York v. CraysSupreme Court of Minnesota · 1899
- Chicago Lumbering Co. v. HewittCourt of Appeals for the Sixth Circuit · 1894
- Butler v. Cornwall Iron Co.Supreme Court of Connecticut · 1852
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3Cited by5 opinions
- Rosenberger v. H. E. Wilcox Motor Co.Supreme Court of Minnesota · 1920
- Itasca Cedar & Tie Co. v. McKinleySupreme Court of Minnesota · 1915
- State v. BrassfieldIdaho Supreme Court · 1921
- Kregel v. CirklerSupreme Court of Minnesota · 1924
- Knopfler v. FlynnSupreme Court of Minnesota · 1917