Clark v. Norton
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE SCOTT COUNTY. Points and Authorities of Plaintiff in Error. I. — The complaint alleges that the Plaintiff, on a day certain, had possession of the property in question. This allegation is sufficient to show the fact ofhis possession, and nothing more than possession is necessary to entitle him to sue a stranger for divesting him of his possession.
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ERROR TO THE DISTRICT COURT OE SCOTT COUNTY. Points and Authorities of Plaintiff in Error. I. — The complaint alleges that the Plaintiff, on a day certain, had possession of the property in question. This allegation is sufficient to show the fact ofhis possession, and nothing more than possession is necessary to entitle him to sue a stranger for divesting him of his possession. But in this case it is not stated as one of the facts necessary to constitute a cause of action : it is simply matter of inducement. The defendants admit his possession by bringing an action of replevin for the purpose…
1Opinion of the Court
By the Oowrt —
Atwatee, J.
— This was an action commenced in a Justice’s Court, of Scott County, by Clark, the Plaintiff in Error, upon a replevin bond, executed by Norton, and Johnson, The cause was taken by appeal to the District Court of that county, and upon motion of Defendants’ attorney, judgment was rendered for Defendants, upon the ground that the complaint did not state facts sufficient to constitute a cause of action. The Plaintiff removes the cause to this Court by writ of error.
The grounds of error urged below in the motion for judgment, or rather the defects in the complaint, will…
2Cases cited5 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Ford v. BabcockCourt for the Trial of Impeachments and Correction of Errors · 1845
- Adkins v. BrewerNew York Supreme Court · 1824
- Dunlap v. HuntingNew York Supreme Court · 1846
- Yates v. St. JohnNew York Supreme Court · 1834
3Cited by9 opinions
- Thomas v. IrwinIndiana Supreme Court · 1883
- Vinyard v. BarnesIllinois Supreme Court · 1888
- Truitt v. CollinsSuperior Court of Delaware · 1899
- Ihrig v. BussellWashington Supreme Court · 1912
- Securities Inv. Co. v. Pioneer Sales Co.Tennessee Supreme Court · 1942
4 more not listed; retrieve them via the Exa API.