Legal Opinion

Kay v. Vischers

Supreme Court of Minnesota

Decided July 15, 1864PublishedCited by 2 opinions

APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points -and authorities for Appellant. I. — In the moving papers upon this application in supplementary proceedings, the Appellanthad complied with all the conditions by law required, and was clearly entitled to the order prayed for. Comp.

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APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points -and authorities for Appellant. I. — In the moving papers upon this application in supplementary proceedings, the Appellanthad complied with all the conditions by law required, and was clearly entitled to the order prayed for. Comp. Stats., sec. 121, p. 5Y4, and see. 129, p. 5Y5. II. — Proceedings under these sections may be taken as soon as the execution is returned, whether before or after the expiration of sixty days from the issuing of the execution. 1 Code Reps., 106, 10Y; 2 Sand., 6Y9; 3d Code Reps., 205; 15 Sow. Prac., 396 ; 10…

1Opinion of the Court

By the Court

Emmett, C. J.

This is a proceeding supple*271mentary to execution, under the provisions of sec. 122, chap. 61, Comp. Stat., 514. The Plaintiff having obtained judgment and issued an execution against the property of the Defendants, which was returned by the sheriff unsatisfied in part, applied to the judge for an order, requiring one of the Defendants to appear and answer concerning her property. This order the judge refused to grant and the Plaintiff appealed.

The ground upon which the Court based this refusal, as appears from the opinion on file, was that the Plaintiff did not show…

2Cited by2 opinions

  1. Berles v. ComstockMichigan Supreme Court · 1895
  2. Marriage of Porter v. PorterCourt of Appeals of Minnesota · 1986

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