Legal Opinion

Gilbert v. Case

Supreme Court of Minnesota

Decided March 2, 1917No. Nos. 20,194—(289)PublishedCited by 3 opinions

Action of ejectment in the district court for Carlton county and to recover $245 damages. The case was tried before Eesler, J\, who when plaintiff rested denied defendants’ motion to dismiss the action and their motion for a directed verdict in their favor, and a jury which returned a verdict in favor of plaintiff for the recovery of possession and assessing his damages at $96.50. From an order denying their motion for judgment notwithstanding the verdict or for a new trial,…

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Action of ejectment in the district court for Carlton county and to recover $245 damages. The case was tried before Eesler, J\, who when plaintiff rested denied defendants’ motion to dismiss the action and their motion for a directed verdict in their favor, and a jury which returned a verdict in favor of plaintiff for the recovery of possession and assessing his damages at $96.50. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

1Opinion of the Court

Dibell, C.

Action in ejectment. Verdict for the plaintiff. Defendants appeal from the order denying their blended motion for judgment or a new trial.

1. The plaintiff was the owner of all of a certain lot in Cloquet'except the southerly 32 feet and the northerly 53 feet. This tract was about 15 feet wide and faced on a street to the east. The southerly 32 feet was owned by the plaintiff’s wife. She also owned an adjoining tract to the west. There was a house principally on lot 1 and the tract to the west. It extended some 3 feet onto the plaintiff’s land. It was built by the plaintiff as a…

2Cases cited9 opinions

  1. Lozo v. SutherlandMichigan Supreme Court · 1878
  2. Kaser v. HaasSupreme Court of Minnesota · 1881
  3. Simpson v. BiffleSupreme Court of Arkansas · 1896
  4. Gooch v. GoochSupreme Court of Oklahoma · 1913
  5. Lowell v. ShannonSupreme Court of Iowa · 1883

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Eberhart v. National Citizens BankSupreme Court of Minnesota · 1927
  2. Appeal of Meyer v. Village of Waite ParkSupreme Court of Minnesota · 1967
  3. Rossing v. LarsonSupreme Court of Minnesota · 1925

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