Legal Opinion

Caldwell v. Bruggerman

Supreme Court of Minnesota

Decided July 15, 1860PublishedCited by 18 opinions

WRIT OR ERROR TO THE DISTRICT COURT OR RAMSEY COUNTY. The Defendant in error sues the Plaintiff in error to recover the possession of certain personal property. He bases bis right of recovery on an alleged absolute ownership of tbe property, which be says tbe Defendant “ unlawfully and wrongfully came into possession of,” and “ now unlawfully and wrongfully detains.”

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WRIT OR ERROR TO THE DISTRICT COURT OR RAMSEY COUNTY. The Defendant in error sues the Plaintiff in error to recover the possession of certain personal property. He bases bis right of recovery on an alleged absolute ownership of tbe property, which be says tbe Defendant “ unlawfully and wrongfully came into possession of,” and “ now unlawfully and wrongfully detains.” Besides a general allegation, of ownership, tbe complaint avers title under an absolute bill of sale, or “instrument in writing,” executed to him by one Leonard Rothmund. Tbe complaint contains no description or recital of tbe…

1Opinion of the CourtAtwater, J.

By the Court. This was an action brought in the District Court of Ramsey county, by Bruggerman, the Plaintiff below, to recover possession of certain personal property. Passing over the objections of the Plaintiff in error to the complaint, which we think are untenable, we will consider some of those in reference to the admission of evidence, the charge to the jury, and verdict.

The Plaintiff claims title to the property in question “ by virtue of an instrument in writing,” (as it is called in the com*275plaint) executed by one Eothmund, July 14th, 1858, “ whereby the said Eothmund, then owner of…

2Cases cited1 opinion

  1. Bond v. CorbettSupreme Court of Minnesota · 1858

3Cited by18 opinions

  1. Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
  2. Young v. GlascockSupreme Court of Missouri · 1883
  3. State v. AzzoneSupreme Court of Minnesota · 1965
  4. State v. GrearSupreme Court of Minnesota · 1882
  5. Swope v. PaulIndiana Court of Appeals · 1892

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