Towne v. Campbell
Supreme Court of Minnesota
Judgment having been regularly entered in this action in the district court for Hennepin county in favor of plaintiff, and an execution thereon having been returned wholly unsatisfied, the examination and disclosure of the defendant Campbell were taken by a referee appointed by the court in supplementary proceedings.
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Judgment having been regularly entered in this action in the district court for Hennepin county in favor of plaintiff, and an execution thereon having been returned wholly unsatisfied, the examination and disclosure of the defendant Campbell were taken by a referee appointed by the court in supplementary proceedings. Upon this disclosure, the plaintiff obtained an order to show, cause why a receiver of the property of defendant Campbell should not be appointed, and appeals from an order by Lochren, J., discharging the order to show cause.
1Opinion of the Court
GileiIíLan, C. J.
In these proceedings the property of the judgment debtor claimed to have been disclosed, was an interest in real estate situate in the territory of Dakota, the title to which real estate was in his wife and one James E. Campbell, and never had been in the defendant Campbell. On being submitted to the judge of the court below, he declined to pass on the merits, and denied the relief sought, solely on the ground that he had no jurisdiction to either make an order applying the said real-estate interest for the benefit of the plaintiff, or to appoint a receiver herein in…
2Cases cited4 opinions
- Mitchell v. BunchNew York Court of Chancery · 1831
- Bailey v. . RyderNew York Court of Appeals · 1852
- Flint v. WebbSupreme Court of Minnesota · 1878
- Heroy v. GibsonThe Superior Court of New York City · 1862
3Cited by7 opinions
- Reese v. BakerSupreme Court of Florida · 1929
- Bean v. HeronSupreme Court of Minnesota · 1896
- Berger v. LoomisOregon Supreme Court · 1942
- Tomlinson & Webster Manuf'g Co. v. ShattoU.S. Circuit Court for the District of Minnesota · 1888
- Modisett v. CampbellNebraska Supreme Court · 1944
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