Mathews v. Taaffe

Decided October 28, 1890

Supreme Court of Minnesota · decided 1890-10-28

Action of ejectment, brought in the district court for Hennepin county. The defendant in his answer denied'plaintiff’s title, pleaded title in himself, pleaded entry and possession under color of title in fee and in good faith and the making of improvements of a value stated, and asked affirmative relief. The averments of the answer were put in issue by the reply.

Cited by 1 later decisions — most recently May 1970

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-10-28

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Mitchell, J.

¶1While the plaintiff himself cannot dismiss his action, where a provisional remedy has been allowed, or counterclaim made, or affirmative relief demanded in the answer, yet the court may do so, upon his application and sufficient cause shown, at any time before trial. Gen. St. 1878, c. 66, § 262, subd. 2. This power the court assumed to exercise in this case, and, if it erred in so doing, it was incumbent upon the appellant to make it appear. The record, which consists merely of the pleadings and the judgment of dismissal entered by the clerk, does not disclose what showing was made upon plaintiffs’ application, and hence fails to show that, in granting it, the court committed error.

¶2Judgment affirmed.