Legal Opinion

Segog v. Engle

Supreme Court of Minnesota

Decided April 25, 1890PublishedCited by 1 opinion

Appeal by plaintiff from an order of the municipal court of Duluth, sustaining a demurrer to the complaint in an action for $111.68.

1Opinion of the CourtVanderburgh, J.

In an action against this defendant, the plaintiff was summoned as a garnishee, and judgment was thereafter duly *192recovered against him upon default of his appearance to make disclosure, which judgment he was thereupon compelled to pay; and he now brings this action to recover the amount thereof of the defendant as money paid out for him, on the ground that he did not, as he alleges, in fact owe the defendant anything when the judgment was recovered against him as such garnishee. The action cannot be maintained. The plaintiff’s remedy was exclusively in the proceeding in which the judgment was…

2Cited by1 opinion

  1. Consolidated National Bank of Tucson v. Reiniger Mining & Smelting Co.California Court of Appeal · 1931

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