Flint v. Webb
Supreme Court of Minnesota
Upon affidavit of plaintiff’s attorney that, on May 21,1877, a judgment was rendered and docketed in the district court for Eamsey county in plaintiff’s favor and against defendant, for $5,579.16; that on August 24, 1877, execution.on the judgment issued to the sheriff of that county, (where the defendant then 'resided and still ■ resides,) which execution was, •on September 21, 1877, returned wholly unsatisfied, an order was made by-a judge of the court requiring the…
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Upon affidavit of plaintiff’s attorney that, on May 21,1877, a judgment was rendered and docketed in the district court for Eamsey county in plaintiff’s favor and against defendant, for $5,579.16; that on August 24, 1877, execution.on the judgment issued to the sheriff of that county, (where the defendant then 'resided and still ■ resides,) which execution was, •on September 21, 1877, returned wholly unsatisfied, an order was made by-a judge of the court requiring the defendant to appear and answer as to his property, on Octobesl, 1877, before a referee named in the order, and restraining him…
1Opinion of the CourtCornell, J.
The proceedings authorized by Gen. St. c. 66, tit. 24, in favor of a judgment creditor, after the issuance and return of an execution unsatisfied in whole or in part, were intended to furnish a speedy, inexpensive and adequate remedy for discovering and reaching all equitable interests of the debtor, not liable to seizure and sale on execution, and also all property so liable which an officer holding such process has been unable to find, and to compel the application of the same towards the satisfaction of the judgment. They not only perform the office of a creditor’s bill, but have a…
2Cases cited3 opinions
- Stoors v. KelseyNew York Court of Chancery · 1831
- People ex rel. Fitch v. MeadNew York Supreme Court · 1865
- Fenton v. FlaggNew York Supreme Court · 1861
3Cited by12 opinions
- Swaney v. HasaraSupreme Court of Minnesota · 1925
- Bean v. HeronSupreme Court of Minnesota · 1896
- Barber v. BriscoeMontana Supreme Court · 1890
- Towne v. CampbellSupreme Court of Minnesota · 1886
- Poppitz v. RognesSupreme Court of Minnesota · 1899
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