Merriam v. Baker
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities for Plaintiff in Error. I. The Defendant’s answer of another suit pending was not sustained by the evidence, and the charge of the court to the jury that they should find for the Defendant was therefore erroneous.
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ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities for Plaintiff in Error. I. The Defendant’s answer of another suit pending was not sustained by the evidence, and the charge of the court to the jury that they should find for the Defendant was therefore erroneous. Comp Sts.,p. 502, sec. 38; 4 JDenio, 120; 4 Sill, 508; 11 John., 175; 14 Id., 432; 2 Id., 192; é Id., 117; 8 Id., 391; 13 A?., 469; 3 Sill, 499; 2 Id., 658. Yide also, 5 John., 353; 10 Wend., 497; 7 Jolm., 381, 529; 3 Caine’s, 166; 11 John., 461; Cow. & Sill’s Notes, 1016 to 1020; Cowen’s Tr., (ith ed.,) secs. 656,…
1Opinion of the Court
By the Court
Emmett, C. J.
This action was brought under the provisions of the statute relating to “ Forcible Entries and Unlawful Detainers,” to recover possession of certain real property. The Plaintiff declared upon a written lease, made between his grantor and the Defendant, alleging non-performance of its stipulations on the part of the Defendant; also the expiration of the term, demand, notice, fete., and the assignment of the lease and premises to him by the lessor.
The Defendant^after pleading to the merits, tendered also the issue of another action pending between the same parties, for…
2Cases cited1 opinion
- Goenen v. SchroederSupreme Court of Minnesota · 1863
3Cited by7 opinions
- Wilson v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1902
- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
- Myers v. GarlandSupreme Court of Oklahoma · 1927
- Aultman, Miller & Co. v. MarkleySupreme Court of Minnesota · 1895
- Knox v. RandallSupreme Court of Minnesota · 1878
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