Lewis v. Pratt
Supreme Court of Minnesota
A writ of attachment in this action was issued out of the Dakota County District Court. The affidavit upon which the writ was allowed by the court commissioner of that county, was made by Thomas Lewis, one of the plaintiffs, and states among other things, that the defendant is indebted to the plaintiffs in the sum of $970 53 for goods sold and delivered between the third day of September and the seventh day of October, 1861; that in the spring of the year 1861, at the store…
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A writ of attachment in this action was issued out of the Dakota County District Court. The affidavit upon which the writ was allowed by the court commissioner of that county, was made by Thomas Lewis, one of the plaintiffs, and states among other things, that the defendant is indebted to the plaintiffs in the sum of $970 53 for goods sold and delivered between the third day of September and the seventh day of October, 1861; that in the spring of the year 1861, at the store of the plaintiffs, who are merchants doing business at LaCrosse, Wisconsin, the defendant, as an inducement to the…
1Opinion of the Court
By the Gowrt
Perry, J.
The supplemental affidavits of the appellants appear to have been received by the court below without objection, and as the statute authorizes the plaintiff to oppose the affidavit of the defendant used on a motion to dissolve an attachment by affidavits, or other evi*62deuce, we shall consider the questions before us upon all the papers used upon the hearing below, without regard to the point made that the supplemental affidavits were competent only for the purpose of disproving the affidavit made by the defendant. Whatever there is in the point should have been urged…
2Cited by5 opinions
- Champ v. BrownSupreme Court of Minnesota · 1936
- Becker v. LintonNebraska Supreme Court · 1908
- Gross v. HafemannSupreme Court of Minnesota · 1903
- Heglund v. AllenSupreme Court of Minnesota · 1882
- Omaha Cattle Loan Co. v. ShellyNebraska Supreme Court · 1911