Coit v. Waples
Supreme Court of Minnesota
This was an action of Keplevin, brought in the year 1850, in the County of Washington. The Declaration charges the Defendant with the taking, and unjust detention, of a quantity of lumber and lath, of the estimated value of $800, on the 12th day of September, 1850, of the Plaintiffs.
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This was an action of Keplevin, brought in the year 1850, in the County of Washington. The Declaration charges the Defendant with the taking, and unjust detention, of a quantity of lumber and lath, of the estimated value of $800, on the 12th day of September, 1850, of the Plaintiffs. The Defendant demurred to the Declaration, assigning, among other grounds, the following, viz: There is no allegation that the property claimed was wrongfully or illegally taken at the time and place in the Declaration mentioned. The Declaration does not allege a wrongful taking and detention of the propei’ty…
1Opinion of the Court
By the Oou/rt.
Ciiateiedd, J.
I think the motion of the Defendants in Error to dismiss the writ of Error in this case, should be denied. It is not allowable to controvert the. récord by affidavit, and the record shows that the judgment was ren*140dered in February, previous to the issuing of the writ of Error, in August. The return day of the writ of Error is sufficiently definite.
In my opinion the District Court erred in overruling the demurrer of the Defendants below, to the Plaintiffs declaration. The first and third causes of demurrer specially assigned were good. But the Defendants below, have…
2Cases cited7 opinions
- Marshall v. DavisNew York Supreme Court · 1828
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831
- Bacon v. CallenderMassachusetts Supreme Judicial Court · 1810
- Rich v. RichNew York Supreme Court · 1837
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3Cited by14 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
- Lonkey v. WellsNevada Supreme Court · 1881
- St. Paul National Bank v. CannonSupreme Court of Minnesota · 1891
- Johnson v. FraserIdaho Supreme Court · 1888
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