Gulickson v. Bodkin
Supreme Court of Minnesota
Action in the district court for Clay county against defendant as sheriff of said county to recover possession of two barrels of whiskey, or the sum of $159.10, the value thereof, in case a delivery could not be had, and $25 damages for the detention. The case was tried before Baxter, J., who directed a verdict in favor of defendant; and from a judgment entered pursuant to the verdict, plaintiff appealed.
1Opinion of the CourtMitchell, J.
This was an action of claim and delivery. It is admitted that the plaintiff, who derived his title from one Olson, was the general owner of the property, and entitled to the possession, unless the defendant, as sheriff, had a prior special property by virtue of a levy under an execution issued out of the district court upon a judgment in favor of one Palacek and against Olson. The regularity of the execution on its face, and the fact that the levy on the property antedated its sale by Olson to plaintiff, are not questioned.
The contention of the plaintiff is that the judgment of the district…
2Cited by17 opinions
- Welch v. FochtSupreme Court of Oklahoma · 1918
- Friebe v. ElderIndiana Supreme Court · 1914
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- In Re Estate of SuttonSupreme Court of Minnesota · 1925
- McDougal v. RiceSupreme Court of Oklahoma · 1920
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