Woodland Co. v. Mendenhall
Supreme Court of Minnesota
Action in the district court for St. Louis county against Luther Mendenhall, as receiver of Duluth Street Railway Company and individually, and another to recover possession of copper wire. The case was tried before Dibell, J., who found that plaintiff was entitled to 18,394 feet of the wire, and defendants to 13,029 feet. From an order denying a motion for a new trial, plaintiff appealed.
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Action in the district court for St. Louis county against Luther Mendenhall, as receiver of Duluth Street Railway Company and individually, and another to recover possession of copper wire. The case was tried before Dibell, J., who found that plaintiff was entitled to 18,394 feet of the wire, and defendants to 13,029 feet. From an order denying a motion for a new trial, plaintiff appealed. The sale of the wire by the street-railway company to the motor-line company was absolute, and delivery of possession complete at the time of sale. If a lien for the price was reserved, it was thereafter…
1Opinion of the CourtBrown, J.
This action is one in claim and delivery for a quantity of copper wire. It was brought to recover the possession of 31,423 feet of such wire, but only 13,029 feet are in dispute. Defendants had judgment therefor in the court below, and plaintiff appeals from an order denying a new trial.
The cause was tried below without a jury, but the trial court made no specific findings of fact, and only found the ultimate fact that defendants were entitled to the possession of the wire. Nor was any request made for specific findings. So if the evidence, upon any theory consistent with legal principles,…
2Cases cited15 opinions
- United States v. New Orleans RailroadSupreme Court of the United States · 1871
- Porter v. Pittsburg Bessemer Steel Co.Supreme Court of the United States · 1887
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Farmers' Loan & Trust Co. v. Minneapolis Engine & Machine WorksSupreme Court of Minnesota · 1886
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3Cited by5 opinions
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- Anderson v. WillsonSupreme Court of Minnesota · 1916
- Hyde County State Bank v. State BankSouth Dakota Supreme Court · 1924