State ex rel. Barge v. District Court
Supreme Court of Minnesota
Original information and petition of Jacob Barge presented April 20, 1893, for a writ of Mandamus to the District Court of Hennepin County. The relator, Jacob Barge, stated that on July 20, 1887, he leased certain rooms in the two adjoining brick buildings, Nos. 47 and 49 Washington Avenue South, in Minneapolis, to Frederick Scheik, for five years from that date. Scheik agreed to pay $3,000 a year rent, payable $250 monthly in advance.
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Original information and petition of Jacob Barge presented April 20, 1893, for a writ of Mandamus to the District Court of Hennepin County. The relator, Jacob Barge, stated that on July 20, 1887, he leased certain rooms in the two adjoining brick buildings, Nos. 47 and 49 Washington Avenue South, in Minneapolis, to Frederick Scheik, for five years from that date. Scheik agreed to pay $3,000 a year rent, payable $250 monthly in advance. He had, by the lease, the privilege also of another subsequent term of five years upon the same terms and conditions, except that the amount of the rent during…
1Opinion of the CourtCollins, J.
It must be conceded that the complaint in the action of Barge v. Scheik, which action, originally instituted in District Court, was in ejectment, and also'to recover damages for the unlawful withholding of possession of the real property in question, *486contained all of the allegations necessary to constitute a cause of action under tbe provisions of tbe forcible entry and unlawful detainer act, (1878 G-. S. ch. 84, §§ 11-14, inclusive, as amended by Laws 1881, Ex. Sess., cb. 9,) and that tbe District Court, when ordering judgment for recovery of possession and for damages for withholding…
2Cases cited1 opinion
- Hosmer v. HosmerSupreme Court of Minnesota · 1893
3Cited by2 opinions
- Keller v. HenvitSupreme Court of Minnesota · 1945
- Froelich v. LowerSupreme Court of Minnesota · 1923