Scott v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action of ejectment, for damages for withholding possession, and for value of use and occupation, brought in the district court for Kandiyohi county.
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Action of ejectment, for damages for withholding possession, and for value of use and occupation, brought in the district court for Kandiyohi county. Defendant in its answer admitted that it had entered on the strip of land in question, and had built its railway thereon, and had made plaintiff no compensation; but alleged that its entry was with plaintiff’s consent, and that “it is ready and willing to pay such compensation on having the same assessed and ascertained by the jury that shall be impanelled to try the above-entitled action: provided, however, that the plaintiff, upon the trial,…
1Opinion of the CourtMitchell, J.
The error assigned is, in substance, that the judgment appealed from is unauthorized by the verdict; that in fact the verdict is insufficient to authorize any judgment. The judgment was entered on the verdict by the clerk, on motion of plaintiff’s attorneys without any order or direction of the court. No motion for a new trial, nor any application to have the judgment corrected or vacated, was ever made to the court below. From Eaton v. Caldwell, 3 Minn. 80, (134,) down to Oldenberg v. Devine, 40 Minn. 409, (42 N. W. Rep. 88,) and Lundberg v. Single Men’s Endowment Ass’n, 41 Minn. 508, (43 N.…
2Cases cited3 opinions
- Lundberg v. Single Men's Endowment Ass'nSupreme Court of Minnesota · 1889
- Oldenberg v. DevineSupreme Court of Minnesota · 1889
- Snow v. HardySupreme Court of Minnesota · 1859
3Cited by6 opinions
- Cameron v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1896
- State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
- Mangos v. MangosSupreme Court of Minnesota · 1962
- Bogestad v. BothumSupreme Court of Minnesota · 1956
- Goldman v. ChristySupreme Court of Minnesota · 1924
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