Morish v. Mountain
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Kandiyohi county, where the action was tried befóre Vanderburgh, J., and a jury.
1Opinion of the CourtCornell, J.
The complaint in this action is one in form for the recovery of the possession of personal property. Where the facts stated in a complaint disclose a good cause of action for the wrongful conversion of personal property, it has been held by this court that the plaintiff may recover as in such an action, notwithstanding the relief asked for is one for the immediate possession of the property or its value. Washburn v. Mendenhall, 21 Minn. 332.
No point is made upon the insufficiency of the complaint in not specifically averring that the plaintiff was the owner of the property at the time of its…
2Cases cited1 opinion
- Washburn v. MendenhallSupreme Court of Minnesota · 1875
3Cited by5 opinions
- Wellberg v. Duluth Auto Supply Co.Supreme Court of Minnesota · 1920
- Hardin v. PalmerleeSupreme Court of Minnesota · 1881
- Northness v. HillestadSupreme Court of Minnesota · 1902
- Howard v. BartonSupreme Court of Minnesota · 1881
- National Citizens Bank v. McKinleySupreme Court of Minnesota · 1911