Schulte v. First National Bank
Supreme Court of Minnesota
Plaintiff, as assignee in insolvency of one Jacob Deutsch, brought this action in the district court for Hennepin county, against the defendant bank, the clerk of the court, and the sheriff of the county, to restrain an execution sale under a judgment in an action by the bank against Deutsch, and to amend the record and files in that action (which showed a filing of the complaint on October 28,1884,) so that they should show that the complaint was filed December 2, 1884. The…
Read the full summary
Plaintiff, as assignee in insolvency of one Jacob Deutsch, brought this action in the district court for Hennepin county, against the defendant bank, the clerk of the court, and the sheriff of the county, to restrain an execution sale under a judgment in an action by the bank against Deutsch, and to amend the record and files in that action (which showed a filing of the complaint on October 28,1884,) so that they should show that the complaint was filed December 2, 1884. The judgment was entered December 2, 1884, and execution issued and was levied the same day. On December 3rd, Deutsch made…
1Opinion of the Court
Dickinson, J.1
The defendant bank recovered a judgment against the plaintiff’s assignor, and execution was issued and levied upon property of the latter. Within 10 days thereafter the judgment debtor made an assignment to the plaintiff under the insolvent law of 1881. (Laws 1881, c. 148.) By the terms of the statute cited (§ 1) the effect of the assignment was to dissolve the levy under execution, unless the complaint in the action in which the judgment was recovered was “filed in the office of the clerk of the court twenty days prior to the entry of the judgment.”
The issue in this case was as…
2Cases cited1 opinion
- Bradbury v. BedburySupreme Court of Minnesota · 1883
3Cited by14 opinions
- Edwards v. GrandCalifornia Supreme Court · 1898
- Brelsford v. Community High School District No. 36Illinois Supreme Court · 1927
- State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
- Godchaux Sugars, Inc. v. Leon Boudreaux & Bros.Supreme Court of Louisiana · 1923
- Old Colony Street Railway Co. v. ThomasMassachusetts Supreme Judicial Court · 1910
9 more not listed; retrieve them via the Exa API.