Behrendt v. Rassmussen, 234 Minn. 97 (1951)

Citation: Behrendt v. Rassmussen, 234 Minn. 97 (1951)
Parent Document: Behrendt v. Rassmussen, 234 Minn. 97 (1951)
Jurisdiction: Minnesota (state)
Effective Date: 1951-04-27
Original Source: https://www.courtlistener.com/opinion/2038236/behrendt-v-rassmussen/ ↗

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It is apparent from the plain language of this section that it gives no cause of action by itself. It only permits the recovery of three times the amount of actual damages where a person is put out of real property in a forcible manner and recovers damages therefor. This section assumes a good cause of action for damages caused by a forcible eviction. In the case before us, the complaint itself and the evidence reveal that plaintiffs’ eviction was secured peaceably. No eviction by force was alleged or proved. Without going into detail, it is sufficient to say that Davis v. Woodward, 19 Minn. 137 (174), cited by plaintiffs in support of their proposition, is not in point. That case was decided under a statute which is now M. S. A. 566.02. That section gives the wronged party a right to recover possession only. It contains no provision giving a right to recover damages for a wrongful eviction, as claimed here. We can find nothing in the statutes of this state which gives plaintiffs a right of action.

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