Moulton v. Thompson
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for IHennepin county refusing a new trial, after a trial before Young, J., without a jury.
1Opinion of the CourtBerry, J.
This is an action for a wrongful taking by ■defendant from plaintiff’s possession of an iron safe, stated in the complaint to be of the value of four hundred dollars. "The answer denies the alleged taking, and also denies “each and every other allegation” in the complaint.
1. As respects the value of the safe, the effect of the latter denial is to admit it to be as alleged in the complaint, to wit, .four hundred dollars. Lynd v. Picket, 7 Minn. 128, (184;) Dean v. Leonard, 9 Minn. 176, (190;) Hecklin v. Ess, 16 Minn. 51; Pottgieser v. Dorn, 18 Minn. 204. These cases ■•show that in this state…
2Cases cited5 opinions
- Butler v. WhiteSupreme Court of Minnesota · 1879
- County Commissioners v. JonesSupreme Court of Minnesota · 1872
- Barry v. McGradeSupreme Court of Minnesota · 1869
- Balcombe v. NorthupSupreme Court of Minnesota · 1864
- Hecklin v. EssSupreme Court of Minnesota · 1870
3Cited by6 opinions
- Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Kiewel v. TannerSupreme Court of Minnesota · 1908
- Ohlson v. ManderfeldSupreme Court of Minnesota · 1881
- Keith v. HaggartSupreme Court Of The Territory Of Dakota · 1887
- McGrath v. ValentineCourt of Appeals for the Ninth Circuit · 1909
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