Germain v. Sheehan
Supreme Court of Minnesota
Action to recover the possession of certain horses, wagons and calves, alleged to be the property of plaintiff, and wrongfully taken by defendant from his possession.. The defendant alleged that he took the property as sheriff, by virtue of an execution against one D. B. Germain, to whom the property belonged. At the trial in the district court for Freeborn county, before Page, J., the defendant had a verdict, a new trial was refused, and plaintiff appealed.
1Opinion of the Court
Berry, J.*
This is an action of claim and delivery commenced by the plaintiff, appearing by attorney, in the district court for the county of Freeborn. The defendant answered to the merits. When the case came on for trial, both parties appearing, the defendant asked and had leave to amend his answer, by adding thereto the allegation following, to wit: “That the plaintiff was an infant at the commencement of the action.” The jury found a general ver•dict for the defendant, and also found specially that the plaintiff was not twenty-one years of age when this action was commenced. A motion .for a…
2Cases cited3 opinions
- Randalls v. WilsonSupreme Court of Missouri · 1856
- Stupp v. HolmesSupreme Court of Missouri · 1871
- Marshall v. WingSupreme Judicial Court of Maine · 1862
3Cited by6 opinions
- In Re WretlindSupreme Court of Minnesota · 1948
- Webb v. HarrisSupreme Court of Oklahoma · 1912
- Owens v. TaylorSupreme Court of Oklahoma · 1923
- Bell v. BurkhalterSupreme Court of Alabama · 1913
- Hatton v. StateSupreme Court of Minnesota · 1948
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