Smith v. Force
Supreme Court of Minnesota
Plaintiff brought this action in a justice’s court in Jackson county, to recover damages for the alleged conversion, by defendant, of a letter-case. The defendant had judgment,-and the plaintiff appealed, on questions of law alone, to the district court, where the judgment of the justice was affirmed by Severance, J. Plaintiff appeals from the judgment of the district court.
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Plaintiff brought this action in a justice’s court in Jackson county, to recover damages for the alleged conversion, by defendant, of a letter-case. The defendant had judgment,-and the plaintiff appealed, on questions of law alone, to the district court, where the judgment of the justice was affirmed by Severance, J. Plaintiff appeals from the judgment of the district court. The return of evidence made by the justice to the district court was entitled as follows: “Transcript of all the evidence given upon the trial of said cause before me on the 19th day of July, 1880,” and the certificate at…
1Opinion of the CourtGilfillan, C. J.
The complaint in this case is insufficient, because, being for a conversion, it alleges plaintiff’s ownership of the property in the present tense; that is, at the time of filing the complaint, and mot at the time of the conversion. But parties may at the trial waive -such defects, and, where they do so, and try the cause precisely as -though the proper allegations were in the pleading, it will be considered here as though such were the case. The parties so tried this •case. No objection was taken to evidence of plaintiff’s ownership before and at the time of the conversion, and such…
2Cases cited2 opinions
- Eastman v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1866
- Hinds v. American Express Co.Supreme Court of Minnesota · 1877
3Cited by7 opinions
- State ex rel. Currie v. WeldSupreme Court of Minnesota · 1888
- Sawyer v. RobertsonMontana Supreme Court · 1892
- Kennett v. Peters & Co.Supreme Court of Kansas · 1894
- Bank of Union v. LoebWest Virginia Supreme Court · 1912
- Dean v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1883
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