Prouty v. Barlow
Supreme Court of Minnesota
Action in the district court for Polk county to recover the possession of a quantity of grain alleged to be of the value of $2,230, and $500 damages for its detention. The cause was submitted to the court, Ives, J., on an agreed statement of facts, and judgment was ordered in favor of plaintiff for the possession of the grain. From the judgment entered pursuant to the order, defendant appealed.
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Action in the district court for Polk county to recover the possession of a quantity of grain alleged to be of the value of $2,230, and $500 damages for its detention. The cause was submitted to the court, Ives, J., on an agreed statement of facts, and judgment was ordered in favor of plaintiff for the possession of the grain. From the judgment entered pursuant to the order, defendant appealed. If, in face of all the facts and presumptions to the contrary, we admit, for the sake of the argument, that plaintiff was in possession of the grain at the time of the levy, yet, it appearing that…
1Opinion of the CourtStart, C. J.
This is an action of replevin for the recovery of a certain quantity of grain, consisting of wheat, oats and barley, which the defendant, as constable, levied upon and detained by virtue of two executions issued upon certain judgments against Elias Thompson. Judgment for the plaintiff for the return of the grain, from which the defendant appealed.
There was no controversy as to the facts on the trial of the action, and the trial court made its findings of fact in accordance with the stipulation of the parties. Briefly stated, the facts found are these:
The plaintiff on December 10,1894, was,…
2Cases cited4 opinions
- Strangeway v. EisenmanSupreme Court of Minnesota · 1897
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Baker v. PottleSupreme Court of Minnesota · 1892
- Porter v. ChandlerSupreme Court of Minnesota · 1880
3Cited by5 opinions
- State v. DoudnaSupreme Court of Iowa · 1939
- Woodland Co. v. MendenhallSupreme Court of Minnesota · 1901
- In re BirdDistrict Court, D. Minnesota · 1910
- Clarke v. National Citizens' BankSupreme Court of Minnesota · 1898
- Nelson v. McDonaldSupreme Court of Minnesota · 1922