Legal Opinion

Beyersdorf v. Sump

Supreme Court of Minnesota

Decided December 14, 1888PublishedCited by 11 opinions

Appeal by defendants, A. L. Sump and A. J. Mullen, from a judgment of the district court for Hennepin county, and from an order refusing a new trial, after a trial before Rea, J., and a jury.

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Appeal by defendants, A. L. Sump and A. J. Mullen, from a judgment of the district court for Hennepin county, and from an order refusing a new trial, after a trial before Rea, J., and a jury. The complaint alleges that on February 9,1877, Sump brought suit against plaintiff in the municipal court of Minneapolis, and, upon affidavit that the plaintiff was about to assign, secrete and dispose of his property with intent to defraud his creditors, caused a writ of attachment to be issued, by virtue of which the defendant Mullen, a police officer of the city, entered plaintiff’s place of business,…

1Opinion of the CourtYaNderburgh, J.

There is no evidence that the attachment described in the complaint was issued maliciously and without probable cause; and the court submitted the ease to the jury solely upon the evidence of the conduct of the defendants in withholding the goods from the plaintiff after the dissolution of the attachment.

1. No objection having been made to the complaint for misjoinder of causes of action, the court properly overruled the objection made on behalf of both defendants jointly to the admission of any evidence in the case under the complaint. In respect to the defendant Mullen, the officer who…

2Cases cited6 opinions

  1. Marsh v. . MastertonNew York Court of Appeals · 1886
  2. Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
  3. Gunz v. HeffnerSupreme Court of Minnesota · 1885
  4. Howard v. ManderfieldSupreme Court of Minnesota · 1883
  5. Cochrane v. QuackenbushSupreme Court of Minnesota · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Cole v. Associated Construction Co.Supreme Court of Connecticut · 1954
  2. Chapple v. National Hardwood Co.Michigan Supreme Court · 1926
  3. Cobb v. ParnellSupreme Court of Arkansas · 1931
  4. R. Muñiz de León & Co., S. en C. v. Melón Hnos. & Cía., S. en C.Supreme Court of Puerto Rico · 1940
  5. Spencer v. JohnstonNebraska Supreme Court · 1899

6 more not listed; retrieve them via the Exa API.

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