Legal Opinion

Dawson v. St. Paul Fire & Marine Ins.

Supreme Court of Minnesota

Decided January 15, 1870PublishedCited by 16 opinions

This action was brought in the district court for Bamsey county. A general demurrer to the complaint was interposed, which was overruled by the court below, and the defendant appeals to this court. The case is fully stated in the opinion of the court.

1Opinion of the CourtBerry, J.

By the Court This is an appeal from an order overruling a demurrer to the complaint. The complaint alleges that the defendants have entered into possession of a certain strip of land situate in St. Paul, called St. Charles street; have excavated and are now engaged in excavating the soil thereof, and are erecting and threatening to continue to erect, a stone building thereupon, which will occupy the northerly one hundred feet of said strip, and prevent travel thereon. The prayer of the complaint is,' that the defendants may be adjudged to restore said strip of land to the condition in which…

2Cases cited9 opinions

  1. Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
  2. Huttemeier v. . AlbroNew York Court of Appeals · 1858
  3. Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
  4. Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
  5. Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866

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3Cited by16 opinions

  1. Paine v. Consumers' Forwarding & Storage Co.Court of Appeals for the Sixth Circuit · 1895
  2. Jacksonville, Tampa & Key West Railway Co. v. ThompsonSupreme Court of Florida · 1894
  3. Shaubut v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1875
  4. Beckley National Exchange Bank v. LillyWest Virginia Supreme Court · 1935
  5. Lankin v. TerwilligerOregon Supreme Court · 1892

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