Allen v. Coates
Supreme Court of Minnesota
Tbis action was brought in the municipal court of St. Paul for the taking and conversion, by defendant, of a buggy, alleged to be the property of plaintiff. Defendant, in his answer, justified his taking, as sheriff of Benton county, under a writ of attachment,'followed by judgment and execution, in an action against the plaintiff. The plaintiff replied, alleging that the buggy was exempt from seizure or sale under any writ of attachment or execution.
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Tbis action was brought in the municipal court of St. Paul for the taking and conversion, by defendant, of a buggy, alleged to be the property of plaintiff. Defendant, in his answer, justified his taking, as sheriff of Benton county, under a writ of attachment,'followed by judgment and execution, in an action against the plaintiff. The plaintiff replied, alleging that the buggy was exempt from seizure or sale under any writ of attachment or execution. After the preliminary proceedings recited in the opinion, the case was tried by the court, a jury being waived, and judgment ordered and…
1Opinion of the CourtGilfillan, C. J.
On the appearance day, the defendant appeared specially and moved to dismiss, on the ground that the summons was not served in time, — a point which, as appeared from the proof of service, was not well taken, and the motion was properly overruled. The defendant then entered his appearance, was given till August 21, 1880, to answer, and the cause was continued to August 24,1880. After that there were three continuances, — the last being to September 22d, — without any extension, so far as the record shows, of the time to answer. Defendant then applied, on an order to show cause, granted August…
2Cases cited1 opinion
- Dingman v. RaymondSupreme Court of Minnesota · 1881
3Cited by14 opinions
- Jau-Fei Chen v. StewartUtah Supreme Court · 2004
- Poznanovic v. MakiSupreme Court of Minnesota · 1941
- Edberg v. JohnsonSupreme Court of Minnesota · 1921
- Kinkade v. MyersOregon Supreme Court · 1889
- Shadewald v. PhillipsSupreme Court of Minnesota · 1898
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