Legal Opinion

Qualy v. Johnson

Supreme Court of Minnesota

Decided July 10, 1900No. Nos. 12,134—(164)PublishedCited by 6 opinions

Action in the district court for Houston county to recover possession of four horses and two promissory notes or their value. The case was tried before Kingsley, J., who directed a verdict in favor of defendant, and the jury rendered a verdict assessing his damages by reason of the taking and withholding of possession at $297, and the value of the property at $250. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

1Opinion of the CourtBrown, J.

This is an action in claim and delivery for the possession of four horses claimed to be wrongfully detained by defendant. At the trial in the court below the court directed a verdict for defendant, and plaintiff appeals from an order denying his motion for a new trial.

The facts in the case are as follows: On February 13, 1899, plaintiff was engaged in the livery business at Caledonia, this state. He owned and kept in said business eight horses, four single buggies, and robes, blankets, and numerous other articles of property usually kept and used in such a barn. On that day he entered into a…

2Cases cited4 opinions

  1. Erickson v. FisherSupreme Court of Minnesota · 1892
  2. Sherman v. ClarkSupreme Court of Minnesota · 1877
  3. Ferguson v. HoganSupreme Court of Minnesota · 1878
  4. Williams v. WoodSupreme Court of Minnesota · 1895

3Cited by6 opinions

  1. Ocala Foundry & Machine Works v. LesterSupreme Court of Florida · 1905
  2. Totten v. StevensonSouth Dakota Supreme Court · 1912
  3. Gutmann v. KlimekSupreme Court of Minnesota · 1911
  4. Dupuis v. DupuisSupreme Court of Connecticut · 1923
  5. Frank Bros. v. Far StoreOhio Court of Appeals · 1923

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