Miller v. Benner, 43513
| Decision Date | 24 March 1972 |
| Docket Number | No. 43513,43513 |
| Citation | 293 Minn. 400,196 N.W.2d 293 |
| Parties | Ross L. MILLER et al., Relators, v. Wayne BENNER et al., Respondents. |
| Court | Minnesota Supreme Court |
Plaintiffs-relators, Ross L. Miller and Dora E. Miller, seek a writ of mandamus to compel the municipal court of the city of St. Paul to decide in an unlawful detainer action their right to possession of certain real estate located in the city of St. Paul. It is conceded that relators are the legal owners in fee simple absolute of the property, which is described as the north 125 feet of the west 80 feet of lot 2, block 2, in Robert L. Ware's Eastern Heights Acre Lots, Ramsey County, Minnesota.
Prior to April 23, 1971, respondents Wayne Benner and Katherine Benner occupied said real estate with permission of relators under a power of attorney which was executed on June 25, 1970. This power of attorney was revoked on April 23, 1971. Respondents claim the right to continue occupancy of the premises under an oral agreement allegedly entered into with the previous owner of the property, one Benjamin J. Miller, now deceased. In answer to relators' complaint in the unlawful detainer action, respondents alleged 'that they have an equitable right to said property which right is unenforceable in (the municipal) Court for lack of jurisdiction thereof.' Following a hearing, the case was certified to the District Court of Ramsey County by the municipal court on the ground that the aforementioned defense raised an issue involving the title to this real estate. Relators then sought and obtained from this court an alternative writ of mandamus directing the judge of the municipal court to determine the right of possession or to show cause why he has not done so. The matter is now here on a return to this alternative writ.
Respondents Benner question the jurisdiction of this court to require the municipal court to decide the issue involved. We see no merit to this contention. See, Minn.St. § 480.04. While mandamus is not a proper remedy to direct the decision of a court, it does lie to compel a court to proceed with a trial to a determination of a cause of which it has jurisdiction. McLean Distributing Co. Inc. v. Brewery & Beverage D., W. & H. Union, 254 Minn. 204, 94 N.W.2d 514 (1959); 11A Dunnell, Dig. (3 ed.) § 5753.
The facts here are nearly identical with those in Gallagher v. Moffet, 233 Minn. 330, 332, 46 N.W.2d 792, 793 (1951), where we held that an oral agreement such as we have here--
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Heiser v. Rodway
...They cite a series of Minnesota cases to that effect. See Carlson v. Cohen, 1974, 302 Minn. 531, 223 N.W.2d 810; Miller v. Benner, 1972, 293 Minn. 400, 196 N.W.2d 293; William Weisman Holding Co. v. Miller, 1922, 152 Minn. 330, 188 N.W. 732. There is a distinction in these decisions, as the......
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Green Tree Acceptance, Inc. v. Midwest Federal Sav. and Loan Ass'n of Minneapolis
...a pending matter, where the trial court has erroneously concluded that it lacks jurisdiction to proceed. See, e.g., Miller v. Benner, 293 Minn. 400, 196 N.W.2d 293 (1972) (mandamus issued to compel municipal court to decide unlawful detainer action which did not, as trial court had ruled, a......
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Carlson v. Cohen, 45132
...court to transfer the action to the district court. The lower court based its decision upon the recent case of Miller v. Benner, 293 Minn. 400, 196 N.W.2d 293 (1972). In that case an unlawful detainer action had been commenced by the fee owners for a writ of restitution. Defendants answered......