Oleson v. Newell
Supreme Court of Minnesota
Plaintiff brought Ms action in the district court for Fillmore county, for the return of a colt alleged to be of the value of $140, claimed by the plaintiff, and demanded judgment for the return of the property, and for damages for ■detention of the same. The plaintiff gave the usual bond, and the sheriff replevied the colt. The defendant having taken the necessary proceedings, demanded a return of the colt, and the sheriff re-delivered the same to the defendant.
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Plaintiff brought Ms action in the district court for Fillmore county, for the return of a colt alleged to be of the value of $140, claimed by the plaintiff, and demanded judgment for the return of the property, and for damages for ■detention of the same. The plaintiff gave the usual bond, and the sheriff replevied the colt. The defendant having taken the necessary proceedings, demanded a return of the colt, and the sheriff re-delivered the same to the defendant. The defendant answered by a general denial. After answering, the defendant delivered the colt to the plaintiff. After the delivery…
1Opinion of the Court
By the Court
Berry, J.
This is an action of “claim and delivery.” The amended answer was, we take it, a substitute *191for tbe original answer, and after it was allowed to be filed, tbe only answer in the case. By its silence, if not otherwise, this amended answer admits the plaintiff’s property in the colt, and it expressly admits the unauthorized and wrongful detention. These admissions were orally reiterated upon the trial in open court. Notwithstanding 'the property had been returned to the plaintiff, he was entitled under this state of facts to a verdict, and judgment determining the right of…
2Cited by2 opinions
- State v. JohnsonSupreme Court of Minnesota · 1884
- State v. RuthkowskiSupreme Court of Minnesota · 1930