Storms v. Schneider, 802 N.W.2d 824

Storms filed a replevin action to recover the statue from Schneider; the district court denied Schneider’s jury trial demand and held a bench trial, ruling for Storms.
Schneider demanded a jury trial in her answer and amended answer; Storms sought possession and temporary possession relief under Minn. Stat. § 565.24.
The statue was contracted for orally for $1,800; Schneider delivered it for Storms’s use at the Basilica ceremony, Storms paid by personal check, and a dispute arose post-ceremony over possession.
The Basilica held the statue temporarily; Schneider eventually possessed it, Storms learned of Schneider’s possession in 2007, and Storms demanded return.
Storms filed the August 9, 2007 action in Ramsey County District Court; a motion for recovery of possession prior to notice and hearing under § 565.24 was granted, seizing the statue pending further hearing.
Trial occurred in August–October 2010; the district court found Storms owner and awarded possession on a theory of equity; Schneider appealed, arguing for a jury trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Right to jury trial in replevin action	Storms contends replevin is legal, giving jury trial rights	Schneider argues no jury trial right because action is equitable	Schneider has right to a jury trial; district court erred

Olson v. Synergistic Techs. Bus. Sys., Inc., 628 N.W.2d 142 (Minn. 2001) (de novo standard for jury-right questions in civil cases)
Abraham v. County of Hennepin, 639 N.W.2d 342 (Minn. 2002) (jury trial right preserved from 1857; action at law vs. equity framework)
Geo. A. Hormel Co. v. First Nat’l Bank of Le Roy, 212 N.W.2d 738 (Minn. 1927) (replevin is an action at law with jury rights preserved)
Blied v. Barnard, 133 N.W. 795 (Minn. 1911) (replevin tried to jury; action at law)
Tancre v. Pullman, 29 N.W. 171 (Minn. 1886) (replevin distinguished as action presenting issues of fact for jury)
Coit v. Waples, 1 Minn. 134 (Minn. 1854) (early jury-triable replevin action)