Russell v. Meyer
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by Jay F. Russell against Christopher Meyer, August Meyer and William Dunham to recover damages against the defendants, for unlawfully and forcibly entering upon the premises of plaintiff and injuring them by the destruction and asportation of a frame barn. Trial by jury and a verdict for plaintiff for $50.00, a new trial denied, defendants appeal.
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Appeal from District Court, Richland County; Lauder, J. Action by Jay F. Russell against Christopher Meyer, August Meyer and William Dunham to recover damages against the defendants, for unlawfully and forcibly entering upon the premises of plaintiff and injuring them by the destruction and asportation of a frame barn. Trial by jury and a verdict for plaintiff for $50.00, a new trial denied, defendants appeal. Plaintiff should have been inquired to elect as to the character of his action. If an action for conversion the measure of damage is the value of the property at the time of the…
1Opinion of the CourtCorliss, C. J.
Defendants have appealed from a judgment based upon the verdict of a jury. One of the errors assigned is that the District Court should have compelled the plaintiff to elect whether he would treat the action as an action for trespass to real estate or for the conversion of personal property. The averments of the complaint were that plaintiff was the owner of certain real estate, and that defendants forcibly entered the same, and tore down and removed a barn erected thereon. While it is possible that the pleading was vulnerable to attack by motion to render it more definite, we are clear that…
2Cases cited11 opinions
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- McFeters v. PiersonSupreme Court of Colorado · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
- Cooper v. HinmanTexas Commission of Appeals · 1921
- Lathrop v. Fargo-Moorhead Street Railway Co.North Dakota Supreme Court · 1912
- Kittelson v. ColletteNorth Dakota Supreme Court · 1932
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