Hurd v. Simonton
Supreme Court of Minnesota
This action was brought before a Justice of the Peace in Olmsted County. The material allegations of the complaint are “that defendant has become .possessed of, and wrongfully detains one, two years’ old sorrel colt, &c., the property of the plaintiff.” It alleges the value of the colt and that plaintiff has been. damaged in the sum of $10 by the detention, and demands judgment for the return of the property and for damages, &c.
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This action was brought before a Justice of the Peace in Olmsted County. The material allegations of the complaint are “that defendant has become .possessed of, and wrongfully detains one, two years’ old sorrel colt, &c., the property of the plaintiff.” It alleges the value of the colt and that plaintiff has been. damaged in the sum of $10 by the detention, and demands judgment for the return of the property and for damages, &c. The plaintiff recovered judgment, and the defendant appealed to the District Court of that county. In the District Court judgment was also rendered in favor of…
1Opinion of the Court
By the Court —
Berry, J. —
It is contended that the judgment in this action should be reversed for the reason, among others, that the complaint fails to state a cause of action. The particular objection pointed out is that no demand is alleged to have been made for the colt charged to have been wrongfully detained by the defendant below. We are referred to Stratton vs. Allen & Chase, 7 Minn., 505, in which it was held that a complaint was fatally defective for want of such an allegation in a case similar to this. The case at bar is to be distinguished from Stratton vs. Allen d Chase, because…
2Cited by1 opinion
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