Phelan v. Terry
Supreme Court of Minnesota
Action in the district court for Traverse county to recover possession of a quantity of grain. The case was tried before Flaherty, J., who granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, J.
Action in claim and delivery, which was dismissed on the trial on the ground that the complaint failed to state facts sufficient to constitute a cause of action. Plaintiff appealed from an order denying a new trial.
The action was commenced to recover the possession of certain grain — wheat, oats, barley and flax — of which plaintiff claimed the right of possession for the purpose of foreclosing^ thresher’s lien perfected by him under section 3546, R. L. 1905.
*455The complaint alleges, in substance, that during the time stated therein plaintiff was the owner of a complete threshing outfit, in the…
2Cases cited5 opinions
- Lake Superior & Mississippi Railroad v. GreveSupreme Court of Minnesota · 1871
- Wilson v. DonaldsonCalifornia Supreme Court · 1898
- Glass v. FreeburgSupreme Court of Minnesota · 1892
- City of Ortonville v. GeerSupreme Court of Minnesota · 1904
- Babcock v. CobbSupreme Court of Minnesota · 1866
3Cited by5 opinions
- State ex rel. Young v. Standard Oil Co.Supreme Court of Minnesota · 1910
- Monthly Instalment Loan Co. v. Skellet Co.Supreme Court of Minnesota · 1913
- State v. ElliottSupreme Court of Minnesota · 1916
- Hiam v. Andrews Grain Co.North Dakota Supreme Court · 1921
- Sachs v. KinyounCourt of Appeals for the D.C. Circuit · 1918