Vose & Co. v. Stickney
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OS' WASHINGTON OOUNTY. Points and Authorities of Appellant. I. — The Defendant could take nothing on his motion for a new trial which was not distinctly presented and passed upon at the trial, and can have nothing here except upon grounds presented before the Court below upon the motion. 11 Johns., p. 70 : 5 Wend., 620 and oases : 6 Rill, 407 ; 3 Rill, 609 : 2 Minn.
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ERROR TO THE DISTRICT COURT OS' WASHINGTON OOUNTY. Points and Authorities of Appellant. I. — The Defendant could take nothing on his motion for a new trial which was not distinctly presented and passed upon at the trial, and can have nothing here except upon grounds presented before the Court below upon the motion. 11 Johns., p. 70 : 5 Wend., 620 and oases : 6 Rill, 407 ; 3 Rill, 609 : 2 Minn. R., 248. II. — The only question litigable under the pleadings was the right of the Plaintiffs to bring the action prima facie. III. — Defendant was not in a condition, either upon the pleadings or the…
1Opinion of the Court
By the Court
Flandrau, J.
The complaint in this case alleges that the Plaintiffs, on the 30th day of June, 1859, were the owners of and had in their possession certain personal property, which is described, and alleged to be of the value of fifteen hundred dollars. It then charges that the Defendant, on said 30th day of June, at Stillwater, &c., wrongfully took and carried away said property, and converted the same to his own use, and demands judgment for the value thereof.
The answer of the Defendant first takes issue upon all the facts stated in the complaint, then alleges that the Defendant…
2Cases cited4 opinions
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Killey v. ScannellCalifornia Supreme Court · 1859
- Daumiel v. GorhamCalifornia Supreme Court · 1856
- Taylor v. SeymourCalifornia Supreme Court · 1856
3Cited by8 opinions
- Wm. Lindeke Land Co. v. KalmanSupreme Court of Minnesota · 1934
- Endsley v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1927
- Vose v. StickneySupreme Court of Minnesota · 1872
- E. A. Fountain v. Oreck's Inc.Supreme Court of Minnesota · 1955
- Mariner v. WasserNorth Dakota Supreme Court · 1908
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