State ex rel. Berryhill v. Cory
Supreme Court of Minnesota
^An action of unlawful detainer was brought by relator, under the provisions of Gen. St. 1878, c. 84, against George J. Exley, and others, in the municipal court of St. Paul. The defendants answered, denying plaintiff’s title, and alleging various other defences.
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^An action of unlawful detainer was brought by relator, under the provisions of Gen. St. 1878, c. 84, against George J. Exley, and others, in the municipal court of St. Paul. The defendants answered, denying plaintiff’s title, and alleging various other defences. After the case was called for trial, and when the evidence was partially in, the plaintiff, objecting to the jurisdiction of the court to proceed, obtained a continuance for a few days, and, pending this continuance, applied to this court for a writ of prohibition to restrain the respondent, who is the j udge of the municipal court,…
1Opinion of the CourtMitchell, J.
This is not a proper case for a writ of prohibition. The action pending in the municipal court (forcible entry and de-tainer) is one proceeding, in the ordinary way, by summons, pleadings, trial, etc. The cause of action set forth in the complaint is within the jurisdiction of the court. The only question is whether that court has jurisdiction to try and determine the issues presented by the allegations of fraud and usury set up in the answer. If it errs in passing upon the extent of its jurisdiction in that regard, an adequate mode of review by appeal is open to the relator, and therefore a…
2Cases cited2 opinions
- State ex rel. Lasher v. Municipal CourtSupreme Court of Minnesota · 1879
- State ex rel. Eau Claire Dells Improvement Co. v. District CourtSupreme Court of Minnesota · 1879
3Cited by8 opinions
- Agassiz v. Superior CourtCalifornia Supreme Court · 1891
- State ex rel. Rheinauer v. MaloneSupreme Court of Florida · 1898
- State ex rel. De Puy v. EvansWisconsin Supreme Court · 1894
- In Re Estate of DavidsonSupreme Court of Minnesota · 1926
- State Ex Rel. United Electrical, Radio & MacHine Workers v. EnersenSupreme Court of Minnesota · 1950
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