Legal Opinion

Woodham v. First National Bank

Supreme Court of Minnesota

Decided January 18, 1892PublishedCited by 6 opinions

Appeal by plaintiff from an order of the district court of Polk county, Mills, J., made December 6, 1890, refusing a new trial. The action was replevin for a bar and back bar in the Canada Hotel, in Crookston, begun in justice court, where the plaintiff had judgment. Defendant appealed to the district court on questions of both law and fact. On the trial, December 6, 1890, after the evidence was all given, the judge instructed the jury to return a verdict for defendant.

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Appeal by plaintiff from an order of the district court of Polk county, Mills, J., made December 6, 1890, refusing a new trial. The action was replevin for a bar and back bar in the Canada Hotel, in Crookston, begun in justice court, where the plaintiff had judgment. Defendant appealed to the district court on questions of both law and fact. On the trial, December 6, 1890, after the evidence was all given, the judge instructed the jury to return a verdict for defendant. Plaintiff excepted, moved for a new trial, and then appealed.

1Opinion of the CourtMitchell, J.

A Mrs. Beaupre owned a lot and building which she and her husband used and occupied as an hotel and saloon. In the room used as a saloon was a bar consisting of a counter and “back bar,” the one fastened to the floor, and the other to the wall of the building, by nails and screws. The Beaupres mortgaged the realty to one Bush. The mortgage was foreclosed, and the property bid in at the mortgage sale by Bush, who became the owner in fee, and subsequently conveyed to defendant. After Bush had acquired title under the foreclosure, Beaupre executed to plaintiff a bill of sale of all 'the…

2Cases cited1 opinion

  1. Hawkins v. SaubySupreme Court of Minnesota · 1892

3Cited by6 opinions

  1. Hawkins v. SaubySupreme Court of Minnesota · 1892
  2. Filley v. ChristopherWashington Supreme Court · 1905
  3. Cutler v. KellerWashington Supreme Court · 1915
  4. Capehart v. FosterSupreme Court of Minnesota · 1895
  5. Smith v. Bay State Savings BankMassachusetts Supreme Judicial Court · 1909

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