Mitchell v. Mitchell
Supreme Court of Minnesota
Appeal by plaintiff, Margaret J. Mitchell, from an order of the •District Court of Stearns County, D. B. Searle, J., made February 4, 1893, denying her motion for a new trial. Plaintiff's husband died at St. Cloud in June, 1888, and was buried on the 23d day of that month. The next day at sunset the defendants, William B. Mitchell and Charles S. Mitchell, brothers of the deceased, came to the house of plaintiff and demanded the books and china of deceased.
Read the full summary
Appeal by plaintiff, Margaret J. Mitchell, from an order of the •District Court of Stearns County, D. B. Searle, J., made February 4, 1893, denying her motion for a new trial. Plaintiff's husband died at St. Cloud in June, 1888, and was buried on the 23d day of that month. The next day at sunset the defendants, William B. Mitchell and Charles S. Mitchell, brothers of the deceased, came to the house of plaintiff and demanded the books and china of deceased. They said to plaintiff they had been appointed special administrators of her husband’s estate, and wanted to obtain his property.…
1Opinion of the CourtDickinson, J.
Upon the evidence presented at the trial, the court directed a verdict for the defendants. On this appeal we are to consider whether the case tended to show a state of facts which would have justified a recovery by the plaintiff. The plaintiff is the widow of one James S. Mitchell. The defendants were appointed special administrators of his estate, and they qualified as such. The deceased had left a will, by which he bequeathed his books and china ware to certain persons. Within a day or two after the burial of the plaintiff’s husband, the defendants, who were then such special…
2Cases cited1 opinion
- Davis v. StoneMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- State v. QuinnellSupreme Court of Minnesota · 1967
- Copeland v. Hubbard Broadcasting, Inc.Court of Appeals of Minnesota · 1995
- Mitchell v. MitchellSupreme Court of Minnesota · 1895
- Keesecker v. G. M. McKelvey Co.Ohio Supreme Court · 1943