Laib v. Brandenburg
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Otter Tail county, to obtain possession of certain personal property taken by the defendant, as sheriff, on an execution against plaintiff’s husband. Defendant appeals from an order by Baxter, J., refusing a new trial. In a contest between a husband’s creditors and his wife, there is a presumption against her which must be overcome by affirmative proof.
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Plaintiff brought this action in the district court for Otter Tail county, to obtain possession of certain personal property taken by the defendant, as sheriff, on an execution against plaintiff’s husband. Defendant appeals from an order by Baxter, J., refusing a new trial. In a contest between a husband’s creditors and his wife, there is a presumption against her which must be overcome by affirmative proof. Nininger v. County of Carver, 10 Minn. 106, (133;) Horneffer v. Duress, 13 Wis. 603; Carpenter v. Tatro, 36 Wis. 297; First Nat. Bit. v. Bartlett, 8 Neb. 319; Seitz v. Mitchell, 94 U. S.…
1Opinion of the CourtBerry, J.
1. The main issue in this case was whether certain liquors and cigars, being the stock of a saloon, belonged to plaintiff or to her husband, in behalf of one of whose judgment creditors they had been seized upon execution by defendant as sheriff. The plaintiff having put in evidence clearly tending to show that the stock belonged to her, and that the business of the saloon was carried on by her husband for her, the defendant offered to show that, at different dates during a period of several months prior to the seizure, and while, as plaintiff claimed, the saloon was being run for her by her…
2Cited by4 opinions
- Chadbourn v. WilliamsSupreme Court of Minnesota · 1891
- First Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1928
- Houston v. NordSupreme Court of Minnesota · 1888
- St. Louis Car Co. v. Glover Equipment Co.Court of Appeals for the Eighth Circuit · 1924