Larsen v. Nichols
Supreme Court of Minnesota
Appeal by plaintiffs, co-partners as Larsen, Carpenter & Co., from a judgment of the district court for Polk county, in favor of defendant, entered in pursuance of the findings and order of Ives, J.
1Opinion of the CourtMitchell, J.
The substance of the findings of the court (in accordance with the allegations of the answer) is that there was pending and undecided a prior action of replevin to recover possession of the same property, brought by the defendant in this action against one Knutson, the agent of the plaintiffs, who was in possession of the property and holding it and claiming the right to its possession solely as such, “by virtue of the same claim and right of ownership and possession as is claimed by the plaintiffs in this action”; that the issue in both actions is the same, viz. whether the plaintiff in the…
2Cases cited5 opinions
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
- White v. DolliverMassachusetts Supreme Judicial Court · 1873
- Fisher v. BuschMichigan Supreme Court · 1887
- Beers & Co. v. Wuerpul & Co.Supreme Court of Arkansas · 1866
- Nichols v. KnutsonSupreme Court of Minnesota · 1895
3Cited by2 opinions
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- Robinson v. AtterburySupreme Court of Connecticut · 1949