Hoover v. Carver
Supreme Court of Minnesota
Action in replevin in the district court for Martin county and in case delivery of the property could not be had for $1,390, the value thereof, and $100 damages for its detention.
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Action in replevin in the district court for Martin county and in case delivery of the property could not be had for $1,390, the value thereof, and $100 damages for its detention. The answer alleged that defendant at sheriff of the county took the property described by virtue of an execution in which John H. Smith and others were plaintiffs and W. L. Hoover and others were defendants as the property of said Hoover, and that the property described was his property, as defendant verily believed. The case was tried before Nelson, J., acting for the judge of the Seventeenth judicial district, who…
1Opinion of the Court
Taylor, C.
Under and pursuant to an execution issued upon a judgment against W. L. Hoover and other’s, defendant as sheriff of Martin county levied upon the property in controversy as the property of W. L. Hoover. Plaintiff, the wife of W. L. Hoover, after making a written demand upon defendant for the property, brought this action in replevin to recover it on the ground that it belonged to her and not to her husband. Defendant had a verdict and plaintiff appealed from an order denying a new trial.
Against the objection of plaintiff, defendant was permitted to prove, at the trial, that W. L.…
2Cases cited5 opinions
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Hartman v. WeilandSupreme Court of Minnesota · 1886
- Ladd v. NewellSupreme Court of Minnesota · 1885
- Cain v. MeadSupreme Court of Minnesota · 1896
- Olson v. AmundsonSupreme Court of Minnesota · 1892
3Cited by5 opinions
- Wells Fargo Home Mortgage, Inc. v. NewtonCourt of Appeals of Minnesota · 2002
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- Houston E. & W. T. Ry. Co. v. Houston Packing Co.Court of Appeals of Texas · 1919
- Thomas v. HansenSupreme Court of Minnesota · 1926
- Houston E. & W. T. Ry. Co. v. Houston Packing Co.Court of Appeals of Texas · 1919