Judd v. Arnold
Supreme Court of Minnesota
Appeal by defendants from a judgment for restitution in an action for unlawful detainer in the municipal court of Minneapolis. To entitle plaintiff to recover, she was required to prove as alleged that the relation of landlord and tenant existed between her and the defendants, and that they were holding over after the expiration of the lease, without any other claim of right to the possession or occupancy of the same.
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Appeal by defendants from a judgment for restitution in an action for unlawful detainer in the municipal court of Minneapolis. To entitle plaintiff to recover, she was required to prove as alleged that the relation of landlord and tenant existed between her and the defendants, and that they were holding over after the expiration of the lease, without any other claim of right to the possession or occupancy of the same. Johnson v. Chely, 43 Cal. 299; Whitaker v. Gautier, 3 Gilman, (Ill.) 443; Ballance v. Curtenius, Id. 449; Sims v. Humphrey, 4 Denio, 185; Evertson v. Sutton, 5 Wend. 281;…
1Opinion of the CourtGilfillan, C. J.
Action under Gen. St. 1878, c. 84, § 11, to recover rented premises detained after the expiration of the term. It appears tbat plaintiff rented the premises to defendant Arnold for one year, terminating April 30, 1883; and February 5, 1883, he, assuming to act as plaintiff’s agent, executed in her name to defendants Tibbitts and Myers a written lease of the premises; the term as to part of them to commence immediately, and as to the remainder to commence May 1, 1883, and to continue as to all till one year from the last date. Arnold had no authority in writing to rent the premises. The lease…
2Cases cited4 opinions
- M'Dowell v. SimpsonSupreme Court of Pennsylvania · 1834
- Holland v. HoytMichigan Supreme Court · 1866
- Lewis & Pickering v. C. W. Williams & SonsSupreme Court of Minnesota · 1859
- Ingraham, Corbin & May v. EdwardsIllinois Supreme Court · 1872
3Cited by14 opinions
- Cisneros v. GrahamNebraska Supreme Court · 2016
- Gresser v. HotzlerCourt of Appeals of Minnesota · 2000
- Hoover, Rhodes & Co. v. Pacific Oil Co.Missouri Court of Appeals · 1890
- Newlin v. HoytSupreme Court of Minnesota · 1904
- Olson v. RonhovdeCourt of Appeals of Minnesota · 1989
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