Moon v. Avery
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Young, J., presiding, refusing a new trial.
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Appeal by plaintiff from an order of the district court for Hennepin county, Young, J., presiding, refusing a new trial. The complaint, dated August 14, 1888, after alleging that plaintiff, since September 25, 1885, has been the owner of a certain described lot in Minneapolis, states: “(2) That on or about the said 25th day of September, 1885, the defendant wrongfully and unlawfully entered upon said premises and thereafter until the 15th day of June, 1888, has wrongfully used and occupied the same. (3) That said lot is reasonably worth the sum of $3,500, and the fair annual value of the use…
1Opinion of the CourtCollins, J.
Upon the trial of this case the plaintiff introduced in evidence a warranty deed to herself, from one Johnson, of the lot in question, bearing date September 25, 1885, and duly recorded three days later. She then attempted to prove the value of the lot, as well as its rental value; but an objection to this testimony was sustained by the court. Both parties here rested. The plaintiff declined to consent to a dismissal; and thereupon, by direction of the court, the jury returned a verdict for the defendant. In this the court was fully justified. The action must be considered as in trespass…
2Cases cited4 opinions
- Lake Superior & Mississippi Railroad v. GreveSupreme Court of Minnesota · 1871
- Cowenhoven v. City of BrooklynNew York Supreme Court · 1862
- Foster v. Board of County Commissioners of Blue Earth CountySupreme Court of Minnesota · 1862
- Fogg v. CushingSupreme Judicial Court of Maine · 1885
3Cited by2 opinions
- Casey v. MasonSupreme Court of Oklahoma · 1899
- Olson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1903