State ex rel. Spencer v. Severance
Supreme Court of Minnesota
Certiorari. The relators, being creditors of one Francis J. Pierce, brought suit against him in the district court for Blue Earth county, and on November 21, 1881, attached his stock of goods.
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Certiorari. The relators, being creditors of one Francis J. Pierce, brought suit against him in the district court for Blue Earth county, and on November 21, 1881, attached his stock of goods. On December 9, 1881, certain other creditors of Pierce, whose claims aggregated more than $200, petitioned the respondent, as judge of the district court for that county, for the appointment of a receiver of Pierce’s estate and the equal distribution of the same among all his creditors, under Laws 1881, c. 148. On the hearing, on December 24, 1881, relators appeared specially and moved to dismiss the…
1Opinion of the CourtYanderburgh, J.
Upon the return of the writ of certiorari, issued out of this court in this matter, the counsel for certain creditors, on whose application a receiver was appointed, move to dismiss the writ, upon the ground that the law afforded an adequate remedy by appeal. Prior to the appointment of the receiver, the execution creditors who have sired out this writ had brought'suit against the alleged insolvent, and caused his property to be attached therein. The receiver was appointed under and in pursuance of the provisions of Laws 1881, c. 148, § 2, and was ordered to take possession of all the…
2Cases cited9 opinions
- Baldwin v. HaleSupreme Court of the United States · 1864
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Pearson v. LovejoyNew York Supreme Court · 1866
- Minnesota Valley R. R. v. DoranSupreme Court of Minnesota · 1870
- Clark v. StantonSupreme Court of Minnesota · 1877
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3Cited by2 opinions
- Brown v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1890
- In Re American Finnish Workers SocietySupreme Court of Minnesota · 1956