McPherson v. Runyon
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey •county, Brill, J., presiding, sustaining a general demurrer to the complaint. The action was to recover $2,000 damages for the malicious prosecution by defendant, in a justice’s court, of an action of replevin for a cooking-stove of the value of $20, in which action the plaintiff (defendant herein) took the property on the writ, and the defendant therein (now plaintiff) had judgment for its return.
1Opinion of the Court
Dickinson., J.1
This is an appeal from an order sustaining a gen■eral demurrer to the complaint. The cause of action for which a recovery is' sought is the malicious prosecution, by this defendant against this plaintiff, of an action in replevin in a justice’s court, and the malicious seizure of this plaintiff’s property by writ of replevin in that action. It is not' claimed that the complaint does not set forth facts showing a right of recovery, if a separate action may be maintained for such cause. The demurrer rests upon the propositions, contended for by the respondent, that the cause of…
2Cases cited13 opinions
- Eastin v. Bank of StocktonCalifornia Supreme Court · 1884
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Closson v. StaplesSupreme Court of Vermont · 1869
- Pangburn v. BullNew York Supreme Court · 1828
- Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
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