Walsh v. Kattenburgh
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF WASHINGTON COUNTY. Points and Authorities for Appellant. I. — The Plaintiff could not recover upon both promises; yet the complaint was not demurrable, nor subject to a motion to strike out as redundant; hence the only proper course was adopted by the Defendant in seeking to compel the Plaintiff to elect (9 Hoto. pf. 128-9), and the Court erred in not compelling such election.
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APPEAL FROM THE DISTRICT COURT OF WASHINGTON COUNTY. Points and Authorities for Appellant. I. — The Plaintiff could not recover upon both promises; yet the complaint was not demurrable, nor subject to a motion to strike out as redundant; hence the only proper course was adopted by the Defendant in seeking to compel the Plaintiff to elect (9 Hoto. pf. 128-9), and the Court erred in not compelling such election. The course adopted by the Defendant was proper, and he had a right to the election. The confusion that ensued on trial, by reason of this double issue, enabled the Plaintiff to thrust…
1Opinion of the Court
By the Oourt
Flandrau, J.
The complaint alleges and the proof establishes, that the Plaintiff, with others, had performed work and labor on certain logs for one Thomas Casey, and had possession of them as security for their pay. Facts sufficient are alleged to show that théy had a valid lien on the logs under the statute, actual possession being the principal *131element of such a lien. Casey sold the logs to the Defendant, and gave a written bill of sale, transferring the title. It is alleged in the complaint, that the Defendant, “in consideration of said sale and in part payment of the purchase,…
2Cases cited2 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Wentworth v. WentworthSupreme Court of Minnesota · 1858
3Cited by5 opinions
- Armstrong v. VromanSupreme Court of Minnesota · 1866
- Hodgins v. HeaneySupreme Court of Minnesota · 1870
- Wilhite v. SkeltonCourt Of Appeals Of Indian Territory · 1904
- Sharon v. WooldrickSupreme Court of Minnesota · 1872
- Munn v. CookNew York Supreme Court · 1890