Government Records
2021.017.0055
from the collection of
Title
Paper Book for Oldenberg v. Devine, 1888-1889Creation Date
1888 – 1889Materials
Dimensions
3.75" H x 9" W
folded in quarters
Description
"Paper Book" for the Minnesota Supreme Court case Oldenberg v. Devine. The printed document outlines the 1888 case between neighbors Charles Oldenberg and Robert Devine. Willis, Nelson and Speel were the attorneys for Devine, the defendant and later appellant, with John W. Nelson as counsel.The plaintiff's land was located on the "west half of the southwest quarter (W 1/2 of SW 1/4) of section No. twelve (12) and the east half of the southeast quarter (E 1/2 of SE 1/4) of section number eleven (11) all in the township one hundred and thirteen (113), north of range 25 west." Some of Devine owned land nearby on the west half of the south east quarter of section eleven.
The plaintiff claims that on May 1 1888 Devine "forcibly broke and entered [Oldenberg's land]...and did then and there willfully and maliciously trod down and destroy the standing and growing crops." On May 2 1888, the defendant again "broke and entered" the plaintiff's land and "trod down" his crops. Devine also "willfully and maliciously, and with an ax, cut down and destroyed [sic] the fence and gate...allowing the cattle of said plaintiff to stray." Oldenberg requested a total of seventy-five dollars in damages.
Devine denies he "trod on" the plaintiff's crops, which were not "of any value whatever." He admits that on May 2 1888 he "did with an ax, cut and destroy the gate" but denies it was "of any value" or worth any more than two dollars. He also argues the land was a public highway since June 1854, which the plaintiff wrongfully obstructed.
Oldenberg "denies that there ever has been any legal public road...[and] if there ever was any such pretend road as alleged...[it] has been wholly abandoned by the public and public authorities."
The "answers" quoted above were filed in May 11 1888. The trial was held in Belle Plaine in May 21. R.A. Irwin and F.C. Irwin were the attorneys for the plaintiff. Witnesses included John Lutske, Carl Oldenberg, Lena Oldenberg, Hannah Oldenberg, Adam Buck, and William Oldenberg. The Justice of the Peace E. E. Chamberlain ruled "in favor of the plaintiff...[for] damages and the cost of the suit...[totalling] twenty-six dollars and ninety-one cents."
Devine appealed the District Court's ruling and requested forty-one dollars and seventy-five cents for damages and court costs. The notice of appeal to the Minnesota Supreme Court was submitted in November 1888.
This record was compared with "the original judgement" and confirmed to be correct by the Clerk of the District Court in Scott County, Julius A. Coller, on February 28, 1889.