Sherman v. Clark
Supreme Court of Minnesota
This was an action of claim and delivery brought in the-district court for Dodge county to recover possession of a pair of horses, a set of harness, a wagon, a set of double sleighs, and other personal property, taken by the defendant, under a chattel mortgage, and detained in Olmsted county.
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This was an action of claim and delivery brought in the-district court for Dodge county to recover possession of a pair of horses, a set of harness, a wagon, a set of double sleighs, and other personal property, taken by the defendant, under a chattel mortgage, and detained in Olmsted county. The-complaint was filed in March, 1875. By stipulation of the parties the cause was referred to a referee to report the evidence to the district court for Dodge county, with the further stipulation that either party might bring the cause on forbearing and trial before the said court, upon ten days’…
1Opinion of the CourtBerry, J.
1. This was an action of claim and delivery brought in the district court for Dodge county, to recover personal property detained by the defendant in Olmsted county. As the property was situated in the latter county; the defendant was entitled to have the action tried there under Laws of 1876, c. 51. But he waived his right .in this respect by stipulating that the case should go to a referee to take the evidence and report the same to the district court for Dodge county, before which either- party might bring the case to hearing and trial upon ten days’ notice.
2. The property in controversy…
2Cases cited5 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Hall v. . SampsonNew York Court of Appeals · 1866
- Berthold v. FoxSupreme Court of Minnesota · 1874
- Hathaway v. . BraymanNew York Court of Appeals · 1870
- Berthold v. FoxSupreme Court of Minnesota · 1868
3Cited by17 opinions
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Armour v. SeixasWashington Supreme Court · 1914
- New England Furniture & Carpet Co. v. BryantSupreme Court of Minnesota · 1896
- Delasca v. GrimesSupreme Court of Minnesota · 1919
- Ferguson v. HoganSupreme Court of Minnesota · 1878
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