Eastman v. Linn
Supreme Court of Minnesota
This action, the nature of which is stated in the opinion, was brought in the district court for Meeker county and was tried by a referee, who ordered judgment for the defendant for the affirmative relief prayed for in the answer. Within six months from the entry of judgment on the referee’s report, the plaintiffs paid to the defendant’s attorney the costs of the first trial, at the same time demanding, in writing, a second trial.
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This action, the nature of which is stated in the opinion, was brought in the district court for Meeker county and was tried by a referee, who ordered judgment for the defendant for the affirmative relief prayed for in the answer. Within six months from the entry of judgment on the referee’s report, the plaintiffs paid to the defendant’s attorney the costs of the first trial, at the same time demanding, in writing, a second trial. The' cause was placed by plaintiffs on the next general term calender for trial, but was stricken therefrom by order of the court, on defendant’s motion, from which…
1Opinion of the Court
*434 By the Court.
Berry., J.
The plaintiffs commenced an action under sec. 1, chap. 75, Gen. Stat., for the purpose of determining the adverse claim, estate or interest of defendant in and to certain lands whereof they, the plaintiffs, were in possession. Defendant’s answer denies that plaintiffs have any claim or title to, or interest in the premises, denies also the lawfulness of plaintiffs’ possession thereof, and alleging title in himself in fee simple, and that plaintiffs unlawfully and wrongfully withhold possession thereof, defendant demands judgment against plaintiffs for possession, with…
2Cases cited1 opinion
- Jarvis v. PeckWisconsin Supreme Court · 1865
3Cited by4 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- Venable v. DutchSupreme Court of Kansas · 1887
- Campbell v. JonesSupreme Court of Minnesota · 1878
- Griffin v. JorgensonSupreme Court of Minnesota · 1875