Molm v. Barton
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Eice county, to recover damages for the conversion of 22 piles of cord-wood, which had been levied on by defendant, as sheriff of that county, under a writ of attachment against- one Tobias Oehler. The sheriff had made his levy by marking the piles and leaving them in custody of one Crandall; and filing, on the same day, a certified copy of his writ and return in the proper town-clerk’s office.
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Plaintiff brought this action in the district court for Eice county, to recover damages for the conversion of 22 piles of cord-wood, which had been levied on by defendant, as sheriff of that county, under a writ of attachment against- one Tobias Oehler. The sheriff had made his levy by marking the piles and leaving them in custody of one Crandall; and filing, on the same day, a certified copy of his writ and return in the proper town-clerk’s office. At the trial, before Buckham, J., and a jury, the plaintiff, to prove title, introduced evidence of a sale of the wood to himself by Oehler, by…
1Opinion of the CourtCornell, J.
1. Treating the objections made to the depositions on the motion to suppress as having been properly renewed at the time they were offered in evidence on the trial, (of which, however, the case, as settled, leaves it at least in doubt,) there was no substantial error committed in denying the motion, and in allowing them to be read in evidence. The stipulation under which the depositions were taken provided that they might be “taken before any notary public residing at or near Big Stone City.” . It appears upon the face of the depositions that one of the witnesses was a farmer residing in…
2Cited by5 opinions
- Bloomquist v. First National Bank of Elk RiverCourt of Appeals of Minnesota · 1985
- Mackellar v. PillsburySupreme Court of Minnesota · 1892
- State v. SalversonSupreme Court of Minnesota · 1902
- Kroll v. MoritzSupreme Court of Minnesota · 1910
- Lathrop v. ClaytonSupreme Court of Minnesota · 1890