Manter v. Petrie
Supreme Court of Minnesota
Action, transferred to the district court for Beltrami county, against defendant sheriff and the sureties upon his official bond to recover the sum of $1,000 for personal property taken by him upon a search warrant. The case was tried before Stanton, J., who sustained defendant’s objection to the reception of any evidence under the complaint on the ground that it did not contain facts sufficient to constitute a cause of action.
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Action, transferred to the district court for Beltrami county, against defendant sheriff and the sureties upon his official bond to recover the sum of $1,000 for personal property taken by him upon a search warrant. The case was tried before Stanton, J., who sustained defendant’s objection to the reception of any evidence under the complaint on the ground that it did not contain facts sufficient to constitute a cause of action. Erom an order denying plaintiff’s motion for a new trial, he appealed.
1Opinion of the CourtBrown, C. J.
At the opening of the trial of this action, and after the first witness had been called and sworn, defendants objected to the introduction of any evidence under the complaint, on the ground that it failed to state facts sufficient to constitute a cause of action. The objection was sustained and the trial thus ended. Plaintiff appealed from an order denying a new trial. The only question presented is whether the court erred in this ruling.
The following facts appear from the complaint: Defendant Petrie at the time in question was sheriff of Hubbard county, and defendants St angler and Kessler…
2Cases cited8 opinions
- Foster v. WileyMichigan Supreme Court · 1873
- State v. LearnedSupreme Judicial Court of Maine · 1859
- Funk & Hardman v. IsraelSupreme Court of Iowa · 1858
- Fries & Co. v. PorchSupreme Court of Iowa · 1878
- Hines v. ChambersSupreme Court of Minnesota · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City of Duluth v. CervenySupreme Court of Minnesota · 1944
- Return of Property in State v. PippinCourt of Appeals of Wisconsin · 1993
- St. Paul Sash, Door & Lumber Co. v. BerknerSupreme Court of Minnesota · 1917
- In MATTER OF RETURN OF PROPERTY IN STATE v. PippinCourt of Appeals of Wisconsin · 1993