Smith v. Victorin
Supreme Court of Minnesota
Appeal by defendant, Olof P. Victorin, from a judgment of" the District Court of Hennepin County, Thomas Canty, J., entered October 18, 1892, against Mm for $37.58. The plaintiff, George H. Smith, rented to defendant, house No. 1,421 Washington Avenue South, Minneapolis. A month’s rent being due, and unpaid, “M. P. Cannon, agent of Geo.
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Appeal by defendant, Olof P. Victorin, from a judgment of" the District Court of Hennepin County, Thomas Canty, J., entered October 18, 1892, against Mm for $37.58. The plaintiff, George H. Smith, rented to defendant, house No. 1,421 Washington Avenue South, Minneapolis. A month’s rent being due, and unpaid, “M. P. Cannon, agent of Geo. H. Smith,” made oath August 3, 1892, that he had good reason to. believe and did believe that defendant was about to dispose of his property to hinder, delay and defraud his creditors, and procured a writ of attachment from John J. McHale, Justice of the…
1Opinion of the CourtVanderburgh, J.
Tbis action was commenced by attachment in justice’s court,
1. Tbe first question raised involves tbe sufficiency of tbe affidavit for tbe attachment. The defendant appeared specially, and moved to dismiss on tbe ground that tbe affidavit did not show that it was made by tbe plaintiff, or some one in bis behalf, as tbe statute requires. Tbe language of tbe affidavit is as follows: “M. P. Cannon, agent of Geo. H. Smith, being duly sworn, deposes and says,” etc. Tbe strict rule insisted on by tbe defendant is sanctioned by tbe Wisconsin decisions, which require that in such cases tbe affiant…
2Cases cited5 opinions
- Clague v. HodgsonSupreme Court of Minnesota · 1871
- Miller v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
- Burke v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Meister v. RussellSupreme Court of Minnesota · 1893
- American Building & Loan Ass'n v. DahlSupreme Court of Minnesota · 1893
3Cited by10 opinions
- Stockbridge v. FahnestockCourt of Appeals of Maryland · 1898
- Kuker v. BeindorffNebraska Supreme Court · 1901
- Vaule v. MillerSupreme Court of Minnesota · 1896
- American Building & Loan Ass'n v. DahlSupreme Court of Minnesota · 1893
- West v. BergSupreme Court of Minnesota · 1896
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