JEURISSEN v. HARBECK

Nos. 39,096, 39,097.

267 Minn. 559 (1964)

127 N.W. (2d) 437

JOSEPH H. JEURISSEN AND ANOTHER v. WALTER C. HARBECK AND OTHERS.

Supreme Court of Minnesota.

March 26, 1964.


Attorney(s) appearing for the Case

John A. Fahey, for appellants.

J.A. Coller II, for respondents Thielen.

Lindmeyer & Lindmeyer, for respondents Harbeck and Davies.


PER CURIAM.

Appeal from an order of the district court dissolving a temporary injunction and dismissing plaintiffs' cause of action instituted on the theory that they had acquired a prescriptive easement over real estate owned by defendants. The order is based upon the grounds: (1) That plaintiffs failed to prosecute the action and to bring it on for trial; (2) that no justiciable controversy is presented; and (3) that the proceedings are barred by a judgment entered...

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