Judd v. Dike
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Bice county, alleging in her complaint that on and long prior to March 2, 1881, the plaintiff and defendant were the owners of four Minnesota state railroad bonds, numbered 1740, 1742, 1743 and 1745, drawing interest at 7 per cent, per annum from March 10, 1869, and payable to bearer, tbe defendant’s interest therein being two-thirds and plaintiff’s one-third.
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Plaintiff brought this action in the district court for Bice county, alleging in her complaint that on and long prior to March 2, 1881, the plaintiff and defendant were the owners of four Minnesota state railroad bonds, numbered 1740, 1742, 1743 and 1745, drawing interest at 7 per cent, per annum from March 10, 1869, and payable to bearer, tbe defendant’s interest therein being two-thirds and plaintiff’s one-third. That the bonds were in'defendant’s possession, and their ownership, as above stated, continued until March 22, 1881, when defendant, with plaintiff’s consent, deposited the bonds…
1Opinion of the CourtBeery, J.
1. This is an action for an accounting for property taken and held in trust by defendant for-plaintiff; also, for a partition of a part of such property, and the appointment of a receiver to effect the same. It is, therefore, an equitable action, and properly triable by the court without a jury. If it embraced any distinct issue which defendant desired and was' entitled to submit to a jury, he should have asked for its submission specifically, as he did not. Greenleaf v. Egan, ante, p. 316.
2. The plaintiff was the real party interested in the subject of the action, and therefore entitled to…
2Cited by12 opinions
- State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
- Tucker v. BrownWashington Supreme Court · 1944
- Morton Brick & Tile Co. v. SodergrenSupreme Court of Minnesota · 1915
- Davis v. Swedish-American National BankSupreme Court of Minnesota · 1899
- St. Paul Trust Co. v. KittsonSupreme Court of Minnesota · 1895
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