Stevens v. McMillin
Supreme Court of Minnesota
Plaintiff brought this action in the district court for "Wilkin County, -to recover possession of certain personal property, alleging its value to be the sum of $600. After the service of the answer, the plaintiff obtained from the court commissioner an order to show cause why certain portions of the answer should not be stricken out as sham, and why the plaintiffs, waiving their claim for damages, should not have judgment “decreeing them to be the owners of the property and…
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Plaintiff brought this action in the district court for "Wilkin County, -to recover possession of certain personal property, alleging its value to be the sum of $600. After the service of the answer, the plaintiff obtained from the court commissioner an order to show cause why certain portions of the answer should not be stricken out as sham, and why the plaintiffs, waiving their claim for damages, should not have judgment “decreeing them to be the owners of the property and directing a delivery thereof.” Upon the hearing an order was made by G. L. Brown, J., striking out the answer as…
1Opinion of the CourtDickinson, J.
This action is for the recovery of personal property, ■the complaint alleging generally the plaintiffs’ ownership and right of possession. This is denied by the answer, the defendant further alleging title in herself. Upon these pleadings, and upon affidavits presented upon a motion to strike out the answer as sham, the same was stricken out as irrelevant, and judgment was ordered for the plaintiffs. From the affidavits presented on the part of the plaintiffs .in support of the motion, it appeared that their asserted rights in the property were based upon a chattel mortgage executed to them…
2Cases cited5 opinions
- Tolbert v. HortonSupreme Court of Minnesota · 1884
- Jensen v. CrevierSupreme Court of Minnesota · 1885
- Morrison v. AustinWisconsin Supreme Court · 1861
- C. N. Nelson Lumber Co. v. RichardsonSupreme Court of Minnesota · 1883
- Yallop-De Groot Co. v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
3Cited by14 opinions
- State ex rel. Engelhard v. WeberSupreme Court of Minnesota · 1905
- Noonan v. SpearSupreme Court of Minnesota · 1914
- State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
- Moffett v. ParkerSupreme Court of Minnesota · 1898
- New England Furniture & Carpet Co. v. BryantSupreme Court of Minnesota · 1896
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