Legal Opinion

Linden v. McCormick

Supreme Court of Minnesota

Decided October 23, 1903No. Nos. 13,726—(42)PublishedCited by 4 opinions

Action in the district court for Itasca county to recover possession of certain tanned deer and moose hides or $502, the value thereof, in case recovery could not be had. The case was tried before McClen-ahan, J., and a jury, which rendered a verdict in favor of plaintiff for $325. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

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Action in the district court for Itasca county to recover possession of certain tanned deer and moose hides or $502, the value thereof, in case recovery could not be had. The case was tried before McClen-ahan, J., and a jury, which rendered a verdict in favor of plaintiff for $325. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed. According to the laws of this state and the decisions of this court, all game and fish is at all times the property of the state and no person shall acquire any right or interest therein, provided,…

1Opinion of the Court

LEWIS, j.

At Grave Lake, Itasca county, respondent was in the business of tanning skins, and on January 27, 1902, had in his possession about sixty two tanned deer and ten tanned moose skins. On that day appellants took possession of them, as agents of the board of game and fish commissioners of the state. This action was brought to recover their value, and appellants justify their seizure upon the ground that the-property belonged to the state, and was authorized by the game law. At the close of the testimony the court directed the jury to return a verdict for respondent for the amount of the…

2Cases cited2 opinions

  1. State v. RodmanSupreme Court of Minnesota · 1894
  2. Thomas v. Northern Pacific Express Co.Supreme Court of Minnesota · 1898

3Cited by4 opinions

  1. Cohen v. GouldSupreme Court of Minnesota · 1929
  2. Rosenfeld v. JakwaysMontana Supreme Court · 1923
  3. Allbright v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1905
  4. Hanson v. StoreySupreme Court of Minnesota · 1911

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