Bagley v. Sternberg
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Ramsey county, to recover for alleged wrongful ejectment by defendants from certain premises in St. Paul.
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Plaintiff brought this action in the district court for Ramsey county, to recover for alleged wrongful ejectment by defendants from certain premises in St. Paul. The complaint alleges a written lease of the premises by defendant Sternberg to George Bagley a‘nd one Pritchard for two years from May 15, 1884; an entry by the lessees on that day; an assignment by George Bagley to Pritchard of all his interest in the lease; a subsequent under-lease by Pritchard of all the premises to the plaintiff, who entered on January 2, 1885, and remained in exclusive possession until he was forcibly evicted…
1Opinion of the CourtVanderburgh, J.
Under Gen. St. 1878, c. 84, § 11, proceedings as for an unlawful and forcible detainer may be instituted by a landlord against his tenant wrongfully holding over, and also against the person holding possession of the demised premises under such tenant. Judd v. Arnold, 31 Minn. 430.
The question here presented is whether an under-tenant who is in possession under a lease from the tenant can be lawfully dispossessed in such proceedings against the tenant, where the under-tenant is not made a party. We think this question must be answered in the negative. The statute contemplates that the…
2Cases cited7 opinions
- Croft v. KingNew York Court of Common Pleas · 1879
- St. Paul & Sioux City Railroad v. GardnerSupreme Court of Minnesota · 1872
- Judd v. ArnoldSupreme Court of Minnesota · 1884
- Leindecker v. WaldronIllinois Supreme Court · 1869
- Orrick v. St. Louis Public SchoolsSupreme Court of Missouri · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hobe v. SwiftSupreme Court of Minnesota · 1894
- Hodgson v. St. Paul Plow Co.Supreme Court of Minnesota · 1899
- Mercantile State Bank v. VogtSupreme Court of Minnesota · 1929
- State v. SmithSupreme Court of Iowa · 1897