Legal Opinion

Woll v. Voigt

Supreme Court of Minnesota

Decided August 14, 1908No. Nos. 15,616-(167)PublishedCited by 2 opinions

Action in the district court for Stearns county to recover $800 damages for the wrongful use of certain land between November 1, 1902, and September 1, 1906, and for timber wrongfully cut and removed therefrom during that time. At the trial defendant objected to the introduction of any evidence in support of the complaint and moved for judgment on the pleadings. The court, Taylor, J., sustained the motion and dismissed the action.

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Action in the district court for Stearns county to recover $800 damages for the wrongful use of certain land between November 1, 1902, and September 1, 1906, and for timber wrongfully cut and removed therefrom during that time. At the trial defendant objected to the introduction of any evidence in support of the complaint and moved for judgment on the pleadings. The court, Taylor, J., sustained the motion and dismissed the action. From an order granting a new trial, defendant appealed.

1Opinion of the CourtJaggard, J.

Plaintiff, in a complaint dated April 17, 1907, alleged thfit he is and for more than seven years had been, the owner in fee simple anc| entitled to the possession of a described tract of land; that on or abou November 1, 1902, the defendant unlawfully broke and entered said above-described land, and forcibly used, occupied, and farmed said land, and appropriated the crops and hay grown thereon to his owi use from November 1, 1902, until September 1, 1906, to the damage o¡ plaintiff in the sum of $400; that between said last-mentioned date] the defendant also cut down and carried away the…

2Cases cited11 opinions

  1. United States v. McCroryCourt of Appeals for the Fifth Circuit · 1899
  2. Gage. v. KaufmanSupreme Court of the United States · 1890
  3. Taylor v. Times Newspaper Co.Supreme Court of Minnesota · 1901
  4. Ward v. Connecticut Pipe Manufacturing Co.Supreme Court of Connecticut · 1899
  5. Galt v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1895

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Burgmeier v. BjurCourt of Appeals of Minnesota · 1995
  2. Burgmeier v. BjurCourt of Appeals of Minnesota · 1995

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