Brown v. Markham
Supreme Court of Minnesota
Action in the district court, in claim and delivery, for certain pine logs, brought originally in Aitkin county, but, by stipulation of the parties, changed to Hennepin county. The answer was a general denial, save that the value of the logs was admitted.
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Action in the district court, in claim and delivery, for certain pine logs, brought originally in Aitkin county, but, by stipulation of the parties, changed to Hennepin county. The answer was a general denial, save that the value of the logs was admitted. At the trial it was stipulated by the parties that defendant was the sheriff, of Aitkin county, and, as such sheriff, was in possession of the logs under an alias execution issued out of the district court for Hennepin county in an action for the enforcement of an alleged lien; that plaintiff was the owner of the logs, and was entitled to…
1Opinion of the CourtCollins, J.
The leading question in the case is the constitutionality of the log-lien law of 1876 (G. S. 1894, §§ 2451-2465). The claim is made that the law provides for and authorizes the taking of the property of one person to pay and discharge the debt of another without due process of law, because there is no requirement that notice of the pendency of the proceedings shall be given to the owner of the logs. It is true that the only defendant contemplated by the law is the person liable for the payment of the' debt itself, except in cases of intervention, and frequently such person is not, and never…
2Cases cited8 opinions
- Winslow v. UrquhartWisconsin Supreme Court · 1875
- Fullam v. StearnsSupreme Court of Vermont · 1857
- Bardwell v. MannSupreme Court of Minnesota · 1891
- Munger v. LenrootWisconsin Supreme Court · 1873
- Craddock v. DwightMichigan Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Scott & Holston Lumber Co. v. SharvySupreme Court of Minnesota · 1895
- Foley v. MarkhamSupreme Court of Minnesota · 1895
- Smith v. Duluth Log Co.Supreme Court of Minnesota · 1912