Cited by

See United States v. Pappas, 814 F.2d 1342, 1344 (9th Cir. 1987) (omitted lands); n.18 (Minn. 1957) (lake beds); Hanson v. Rice, 92 N.W.

In a dispute involving riparian lands, the supreme court noted that “a party may not try his case under a legal theory chosen by him, and, being unsuccessful therein, subsequently complain upon appeal here that such chosen theory was really not the correct one after all.” State v. Adams, 251 Minn. 521, 549

Gillen v. Commissioner of Taxation, 305 Minn. 525 , John W. Thomas Co. v. Carlson-LaVine, Inc., 291 Minn. 29 , State v. Adams, 251 Minn. 521 , , cert.

Generally, we do not allow parties to try their “case under a legal theory chosen by [them], and, being unsuccessful therein, subsequently complain upon appeal here that such chosen theory was really not the correct one after all.” State v. Adams, 251 Minn. 521

State v. Adams, 251 Minn. 521

State v. Adams, 251 Minn. 521 , 561 n. 18, , 687 n. 18 (1957), and cases cited thereunder.

This court said in State v. Adams, 251 Minn. 521, 546 , certiorari denied, 358 U. S. 826 , 79 S. Ct. 45 , 3 L. ed. 2d 67 (1958): “The ownership of beds of streams and lakes is quite a different matter from the right to control waters.” The regulation of waters of the state is within the police power, and the exercise thereof rests exclus

In State v. Adams, 251 Minn. 521, 549 , 89 N. W. (2d) 661, 680 , certiorari denied, 358 U. S. 826 , 79 S. Ct. 45 , 3 L. ed. (2d) 67, it was stated: “* * * [A] party may not try his case under a legal theory chosen by him, and, being unsuccessful therein, subsequently complain upon appeal here that such chosen theory was really not the correct one aft

Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.” In State v. Adams, 251 Minn. 521 , 89 N. W. (2d) 661, 663 , certiorari denied, 358 U. S. 826 , 79 S. Ct. 45 , 3 L. ed. (2d) 67, this court in considering the review of findings generally said: “In reviewing findings of fact, the rule in this state, prior to the adoption of Rule 52.01 of the Rules of Civil Procedure, has

.” That position is completely untenable, however, in the face of this court’s statement in that case ( 217 Minn. 545 ,15 N. W. [2d] 179): “* * * Who Would be the owner of the lake bed in the event of drainage and whether the taking would be for a public use are questions not necessary or proper for us here to consider.” Ownership of the bed of Rabbit Lake was directly in issue in State v. Adams, 251 Minn. 521 , 89 N. W. (2d) 661 , certiorari denied, 358 U. S. 826 , 79 S. Ct. 45 , 3 L. ed. (2d)

It was held in State v. Adams, 251 Minn. 521 , 89 N. W. (2d) 661 , certiorari denied, 358 U. S. 826 , 79 S. Ct. 45 , 3 L. ed. (2d) 67, that the evidence established, in six actions brought by the state to determine adverse claims to beds of certain lakes and connecting streams, that neither Rab *61 bit River nor Rabbit Lake was navigable at the time Minnesota wa

2 State v. Longyear Holding Co. 227 Minn. 255 , 35 N. W. (2d) 291 , certiorari denied and appeal dismissed, 336 U. S. 948 , 69 S. Ct. 884 , 93 L. ed. 1104, rehearing denied, 337 U. S. 921 , 69 S. Ct. 1154 , 93 L. ed. 1730, rehearing denied, 338 U. S. 841 , 70 S. Ct. 34 , 94 L. ed. 514; Gelin v. Hollister, 222 Minn. 339 , 24 N. W. (2d) 496 , 168 A. L. R. 195; State v. Adams, 251 Minn. 521 , 89 N. W. (2d) 661 , certiorari denied, 358 U. S. 826 , 79 S. Ct. 45 , 3 L. ed. (2d) 67; Woodbury v. Dorman,

ourt in the recent case of Hynan v. First Trust Co. 258 Minn. 118, 124 , 103 N. W. (2d) 209, 213 , said: “* * * When an action is tried by a court without a jury its findings are entitled to the same weight as the verdict of a jury and will not be reversed on appeal unless they are manifestly contrary to the evidence.” See, also, Maust v. Maust, 222 Minn. 135 , 23 N. W. (2d) 537 ; State v. Adams, 251 Minn. 521 , 89 N. W. (2d) 661 .

Co. v. McCarthy, 183 Minn. 414 , ; State v. Adams, 251 Minn. 521 , 89 N. W. (2d) 661 ; White v. Western Assur.

Co. Ltd. 252 Minn. 118 , 89 N. W. (2d) 726 ; State v. Adams, 251 Minn. 521 , 89 N. W. (2d) 661 ; State v. Bentley, 245 Minn. 334 , 71 N. W. (2d) 780 ; Alsdorf v. Svoboda, 239 Minn. 1 , 57 N. W. (2d) 824 ; Marquardt v. Stark, 239 Minn. 107 , 58 N. W. (2d) 273 ; 1 Dunnell, Dig.

1 See, Petraborg v. Zontelli, 217 Minn. 536 , 15 N. W. (2d) 174 ; State v. Adams, 251 Minn. 521, 546, 560 , 89 N. W. (2d) 661, 678, 687 , certiorari denied, 358 U. S. 826 , 79 S. Ct. 45 , 3 L. ed. (2d) 67.