Guthrie v. Olson
Supreme Court of Minnesota
Action brought in justice’s court to recover possession of 200 bushels of barley, of the value of $60, with $20 damages for its detention,’and removed to the district court for Mower county, by appeal on questions of law and fact, and there tried before Farmer, J., who ordered a dismissal at the close of plaintiff’s case. The plaintiff appeals from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
This was an action of replevin, brought in justice’s court and appealed to the district court upon questions of both law and fact. When the plaintiff rested, the court, on motion of defend*405ant, dismissed the action, on the ground that the plaintiff had failed to prove a demand for the property before the commencement' of the ■suit, for the reason, as we infer from the evidence, that the demand proved, although made before the writ was served or executed, was made after it was issued. Without deciding this question, (upon which there is some conflict of authority,) we think the action was, for…
2Cases cited6 opinions
- Kellogg v. OlsonSupreme Court of Minnesota · 1885
- Ellingboe v. BrakkenSupreme Court of Minnesota · 1886
- Huntsman v. FishSupreme Court of Minnesota · 1886
- Davenport v. LaddSupreme Court of Minnesota · 1888
- Ormund v. HobartSupreme Court of Minnesota · 1886
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3Cited by10 opinions
- Evans v. KloeppelSupreme Court of Florida · 1916
- City of Mankato v. Barber Asphalt Paving Co.Court of Appeals for the Eighth Circuit · 1905
- Miller v. AdamsonSupreme Court of Minnesota · 1890
- C. W. Raymond Co. v. KahnSupreme Court of Minnesota · 1914
- National Bond & Investment Co. v. ZakosAppellate Court of Illinois · 1923
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