Legal Opinion

Gerrish v. Pratt

Supreme Court of Minnesota

Decided December 15, 1861PublishedCited by 13 opinions

APPEAL PROM THE DISTRICT COURT OF RAMSEY COUNTY* Tbis cause was submitted for trial, to the Court, without the intervention of a jury, and the following is the decision rendered: “ This cause came on to be tried, and a jury trial being duly waived, the same was submitted to the Court for trial and determination.

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APPEAL PROM THE DISTRICT COURT OF RAMSEY COUNTY* Tbis cause was submitted for trial, to the Court, without the intervention of a jury, and the following is the decision rendered: “ This cause came on to be tried, and a jury trial being duly waived, the same was submitted to the Court for trial and determination. “ And now having considered the proofs and allegations of the parties, I find the following facts, to wit: That on the 12th day of July, 1858, one John Johnston commenced the action set forth in the complaint to recover the possession of the property therein specified. That said…

1Opinion of the Court

By the Govjrt —

Atwateb, J.

— The Plaintiffs, Gerrish & Brewster, brought their action on a replevin bond, against the Defendants, which had been executed by them in favor of the Plaintiffs. The Defendants among other things, plead a former judgment in favor of the Defendants, between the same parties and for the same cause of action, in the District Court in and for Nicollet County. The Plaintiffs replied, alleging that in said action the merits were not litigated, but that the said case was disposed of, upon the ground that the complaint did not state facts sufficient in connection with said…

2Cases cited10 opinions

  1. Young v. BlackSupreme Court of the United States · 1813
  2. Snider v. CroyNew York Supreme Court · 1807
  3. Wheeler v. Van HoutenNew York Supreme Court · 1815
  4. Colvin & Van Patten v. CorwinNew York Supreme Court · 1836
  5. Perkins v. HinmanNew York Supreme Court · 1821

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3Cited by13 opinions

  1. Barrett v. SmithSupreme Court of Minnesota · 1931
  2. Terre Haute & Indianapolis Railroad v. State ex rel. KetchamIndiana Supreme Court · 1902
  3. City of Los Angeles v. MellusCalifornia Supreme Court · 1881
  4. City of North Muskegon v. ClarkCourt of Appeals for the Sixth Circuit · 1894
  5. Buckles v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1891

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