Messerschmidt v. Baker
Supreme Court of Minnesota
Appeal by defendants from a judgment of tbe court of common pleas of Bamsey county, the action having been tried before Hall, J., without a jury.
1Opinion of the CourtBerry, J.
This action is brought under Gen. St. eh. 75, § 1, as amended by Laws 1867, ch. 72, to determine defendants’ claim of an estate or interest in certain premises adverse to the plaintiff.
1. The complaint alleges that the plaintiff is in possession •of the premises. The court below finds that at the commencement of the action they were, and have ever since continued to be, vacant and unoccupied. The evidence by which this finding is supported having been received without objection, the variance is to be disregarded. City of St. Paul v. Kuby, 8 Minn. 154.
2. The other questions in the case arise…
2Cases cited6 opinions
- Groff v. RamseySupreme Court of Minnesota · 1872
- City of St. Paul v. KubySupreme Court of Minnesota · 1863
- Goenen v. SchroederSupreme Court of Minnesota · 1871
- Dickinson v. KinneySupreme Court of Minnesota · 1861
- Stafford v. WilliamsNew York Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnson v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1954
- Winona & St. Peter Railroad v. RandallSupreme Court of Minnesota · 1882
- Toetschinger v. IhnotSupreme Court of Minnesota · 1977
- Toetschinger v. IhnotSupreme Court of Minnesota · 1977