Legal Opinion

Pelkey v. National Surety Co.

Supreme Court of Minnesota

Decided June 27, 1919No. 21,289PublishedCited by 12 opinions

Action in the district court for Hennepin county to recover $2,000 on an injunction bond. ' Among other matters the answer alleged that the building in which ice was stored was duly reported by the inspector of buildings as unsafe to be used for the purpose of storing ice and that in December, 1916, and again in January, 1917, he duly made and caused to be made further examinations of the building and found as a fact that the same and particularly the walls thereof were in a…

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Action in the district court for Hennepin county to recover $2,000 on an injunction bond. ' Among other matters the answer alleged that the building in which ice was stored was duly reported by the inspector of buildings as unsafe to be used for the purpose of storing ice and that in December, 1916, and again in January, 1917, he duly made and caused to be made further examinations of the building and found as a fact that the same and particularly the walls thereof were in a dilapidated and dangerous 'condition, and that the building itself, or what remained thereof, was unsafe for the…

1Opinion of the CourtDibell, J.

This is an action on an injunction bond. ‘ A verdict was directed for "the defendants at the close of the testimony. The plaintiff appeals from the order denying his motion for a new trial.

1. On January 11, 1917, Clara Holzsehuh, now deceased, of whom the defendant Richard P. Holzsehuh is the administrator, commenced an action against the plaintiff Pelkey to permanently enjoin him from storing ice and carrying on an ice business upon certain premises in Minneapolis. Hpon order to show cause a temporary injunction was issued on March 6, 1917. The trial resulted in a judgment on the merits for…

2Cases cited25 opinions

  1. North American Cold Storage Co. v. City of ChicagoSupreme Court of the United States · 1908
  2. People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
  3. People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
  4. Lowe v. ConroyWisconsin Supreme Court · 1904
  5. City of Orlando v. PraggSupreme Court of Florida · 1893

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3Cited by12 opinions

  1. Steller v. ThomasSupreme Court of Minnesota · 1950
  2. Hoff v. First State Bank of WatsonSupreme Court of Minnesota · 1928
  3. Zalk & Josephs Realty Co. v. Stuyvesant InsuranceSupreme Court of Minnesota · 1934
  4. Village of Elbow Lake v. OTTER TAIL POWER COMPANYSupreme Court of Minnesota · 1968
  5. Independent School District No. 35 v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1926

7 more not listed; retrieve them via the Exa API.

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