Minnesota Supreme Court, 1893

Moe v. Chesrown

Minnesota Supreme Court · Decided June 30, 1893 · Vanderburgh

54 Minn. 118; 55 N.W. 832; 1893 Minn. LEXIS 24 (Minnesota Reports)

Counsel

C. E. Brame, for appellant., McHale é Abell, for respondent.

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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1913, among the opinions in this site’s citation index.

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Cases that cite this one

2 later published cases cite this decision.

In re Estate of Olsen (Neb. 1998)
Johnson v. Carlin (Minn. 1913)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Vanderburgh, J.

This is an action of trespass for injuries to real property, of which plaintiff alleges he was the owner and in possession. Since the question of plaintiff’s title was directly in issue, it could not be proved by parol; hence it was improper to allow the plaintiff to testify generally that he was owner. But he proved that he was in possession at the time of the injury, and he was entitled to nominal damages, at least, for an injury to the pos*119session by reason of tbe trespass; and the plaintiff recovered only one dollar, which will be treated as nominal damages. No court would disturb the judgment for that amount as being in excess of nominal damages. The evidence of plaintiff’s possession will therefore sustain the judgment, notwithstanding the error complained of. It is not necessary to consider the other points raised by the appellant. In so far as they are important or material they have been considered and decided in other cases at the present term.

(Opinion published 55 N. W. Rep. 832.)

Judgment affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.