Legal Opinion

Shadewald v. Phillips

Supreme Court of Minnesota

Decided June 9, 1898No. Nos. 11,172-(129)PublishedCited by 12 opinions

Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., sustaining a demurrer to the complaint.

1Opinion of the CourtMitchell, J.

This action was brought against the defendant, as sheriff, to recover damages by reason of his neglect and refusal to levy, under an execution in favor of the plaintiff and against the property of his judgment debtor, upon a bicycle owned by the latter. The appeal'is from an order sustaining a demurrer to the complaint on the ground that it did not state a cause of action. Both parties agree in stating that the only question in the case is whether Laws 1897, c. 6, repealed Laws 1885, c. 37. Both of these acts were amendments to G. S. 1878, c. 66, § 310, subd. 9 (see G. S. 1894, § 5459).…

2Cases cited3 opinions

  1. Allen v. CoatesSupreme Court of Minnesota · 1882
  2. St. Paul, Minneapolis & Manitoba Railway Co. v. BrouletteSupreme Court of Minnesota · 1896
  3. Kimball v. JonesSupreme Court of Minnesota · 1889

3Cited by12 opinions

  1. State ex rel. Maryland Casualty Co. v. District CourtSupreme Court of Minnesota · 1916
  2. Poznanovic v. MakiSupreme Court of Minnesota · 1941
  3. Edberg v. JohnsonSupreme Court of Minnesota · 1921
  4. State ex rel. Donovan v. Duluth Street Railway Co.Supreme Court of Minnesota · 1921
  5. Bull v. KingSupreme Court of Minnesota · 1939

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