Legal Opinion

Pfaender v. Winona & St. Peter Railroad

Supreme Court of Minnesota

Decided October 25, 1901No. Nos. 12,734—(42)PublishedCited by 1 opinion

Appeal by defendant from an order of the district court for Brown county, Webber, J., striking out defendant’s answer as sham, false and frivolous.

1Opinion of the CourtBrown, J.

This is an action in ejectment. The complaint, which was duly verified, is in the usual form, alleging ownership and right to the possession of the property, and the wrongful and unlawful detention by defendant, to plaintiff’s damage in the sum of $50, and that defendant injured and- damaged the property to the extent of $50 by taking and removing earth therefrom. Plaintiff moved the court below, on affidavits, to strike out the answer — a general denial, duly verified — as sham, false, and frivolous, and for judgment notwithstanding the same. The motion was granted, and defendant appealed.

The…

2Cases cited1 opinion

  1. Wright v. JewellSupreme Court of Minnesota · 1885

3Cited by1 opinion

  1. J. I. Case Threshing Machine Co. v. BargabosSupreme Court of Minnesota · 1919

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