Legal Opinion

Edmison v. Aslesen

Supreme Court Of The Territory Of Dakota

Decided February 9, 1886PublishedCited by 6 opinions

Appeal from the district court of Minnehaha county. The codifiers of the' California Code under a commission formed by legislative authority in citing the corresponding section of their code, Section 1941 use the following language: ‘‘This section changes the rule upon this subject to conform to that which notwithstanding steady judicial adherence for hundreds of years to the adverse doctrine, is generally believed by the unprofessional public to be law, and upon which basis…

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Appeal from the district court of Minnehaha county. The codifiers of the' California Code under a commission formed by legislative authority in citing the corresponding section of their code, Section 1941 use the following language: ‘‘This section changes the rule upon this subject to conform to that which notwithstanding steady judicial adherence for hundreds of years to the adverse doctrine, is generally believed by the unprofessional public to be law, and upon which basis they almost always contract. The very fact that there are repeated decisions to the contrary down to the year 1861…

1Opinion of the CourtPalmer, J.

The respondent leased to the appellant a portion of a store block in the city of Sioux Falls, at a stipulated price for rental. The rent was unpaid at the time provided for in the lease, and this action is brought to recover the same.

So much of the lease as is necessary to present the question here decided is as follows: The respondent, P. H. Edmison, leased to the appellant, Christian Asiesen, ‘ ‘the first story and cellar of the building situated on the N. -J- of lot 15, block 14, J. L. Phillips, Sioux Falls, for the full term of eleven months *147from and after the first day of November, A. D.…

2Cases cited7 opinions

  1. Jaffe v. . HarteauNew York Court of Appeals · 1874
  2. Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
  3. Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
  4. Krueger v. FerrantSupreme Court of Minnesota · 1882
  5. Brewster v. DeFremeryCalifornia Supreme Court · 1867

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3Cited by6 opinions

  1. Horton v. EarlySupreme Court of Oklahoma · 1913
  2. Landt v. SchneiderMontana Supreme Court · 1904
  3. Tucker v. BennettSupreme Court of Oklahoma · 1905
  4. Enterprise Seed Co. v. MooreSupreme Court of Oklahoma · 1915
  5. Wall Estate Co. v. Standard Box Co.California Court of Appeal · 1912

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