Chadbourne v. Zilsdorf
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Olmsted county, praying judgment (1) for damages for defendant’s wrongful entry upon their improved land, and removal of fences, etc.; (2) that defendant has no right of way or easement over the land in question ; (3) for an injunction to restrain further trespass by defendant.
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Plaintiffs brought this action in the district court for Olmsted county, praying judgment (1) for damages for defendant’s wrongful entry upon their improved land, and removal of fences, etc.; (2) that defendant has no right of way or easement over the land in question ; (3) for an injunction to restrain further trespass by defendant. The defendant, in his answer, pleaded that the locus in quo was a highway, that defendant was road-overseer, and, as such, removed the fence, which was an obstruction to the highway. He also denied the averments of damage, and pleaded that redress at law would be…
1Opinion of the CourtBerry, J.
Like Greenleaf v. Egan, 30 Minn. 316, tbis action is, upon the pleadings, one in which legal and equitable causes of action •are united, and therefore one in which some of the issues were triable by a jury, and some by the court. As said in the case cited, so it may be said here, that if defendant desired a jury trial of the specific issues properly triable by a jury, he should have demanded, not (as he did) that all the issues in the ease be so tried, but such specific issues only.
The question upon which this case turned was whether there was a public highway across plaintiffs’ land, as…
2Cases cited3 opinions
- Wilson v. City of Mineral PointWisconsin Supreme Court · 1875
- Greenleaf v. EganSupreme Court of Minnesota · 1883
- Poirier v. FetterSupreme Court of Kansas · 1878
3Cited by6 opinions
- Colliton v. OxboroughSupreme Court of Minnesota · 1902
- Baya v. Town of Lake CitySupreme Court of Florida · 1902
- Johnson v. County of MorrisonSupreme Court of Minnesota · 1909
- Anderson v. Landers-Morrison-Christenson Co.Supreme Court of Minnesota · 1914
- Holland Piano Manufacturing Co. v. SmithSupreme Court of Minnesota · 1923
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