Eickhoff v. Fidelity & Casualty Co.
Supreme Court of Minnesota
Action in the district court for Polk county to recover $2,000 for the alleged malicious prosecution of a civil action. The cause was tried before Ives, J., and a jury, and a verdict for $1,500 was returned in favor of plaintiff. From an order denying defendant’s motion for a new trial, it appealed. The proper venue was Hennepin county, where defendant had its place of business, and not Polk county.
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Action in the district court for Polk county to recover $2,000 for the alleged malicious prosecution of a civil action. The cause was tried before Ives, J., and a jury, and a verdict for $1,500 was returned in favor of plaintiff. From an order denying defendant’s motion for a new trial, it appealed. The proper venue was Hennepin county, where defendant had its place of business, and not Polk county. Defendant, a foreign corporation, having complied with all the requirements of the statutes of Minnesota, became entitled to all the rights of a domestic corporation, including the right to be…
1Opinion of the CourtStart, C. J.
This is an action for malicious prosecution of a civil action against the plaintiff by the defendant.' Verdict for the plaintiff in the sum of $1,500, and the defendant appealed from an order denying its motion for a new trial.
I. The action was commenced in the district court of Polk county, but was removed to Hennepin county on demand and affidavit on behalf of the defendant that the only county in the state wherein it had an officer or agent or place of business was the latter county. Thereupon the plaintiff made a motion that the action be returned to the district court of the county of…
2Cases cited7 opinions
- Fidelity & Casualty Co. v. EickhoffSupreme Court of Minnesota · 1895
- Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Moore v. Northern Pacific RailroadSupreme Court of Minnesota · 1887
- O'Neill v. JohnsonSupreme Court of Minnesota · 1893
- Gilbertson v. FullerSupreme Court of Minnesota · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Cox v. LauritsenSupreme Court of Minnesota · 1914
- Wall v. MeilkeSupreme Court of Minnesota · 1903
- Seifert v. City of MinneapolisSupreme Court of Minnesota · 1973
12 more not listed; retrieve them via the Exa API.