Legal Opinion
Thomas v. Clarke
District Court, D. Minnesota
Decided November 26, 1971No. 4-71-Civ. 14PublishedCited by 45 opinions
1Opinion of the Court
MEMORANDUM ORDER
LARSON, District Judge.
THE STATUTE
Chapter 565 Minn.Stats., the claim and delivery statute, provides that any person who has instituted an action for the recovery of personal property may obtain immediate possession of it at the time of issuing of the summons or at any time before answer. All that is necessary for a replevin action plaintiff to secure such personalty is for him to present the sheriff with an affidavit to the effect that he has a right to the property, accompanied by a bond in the amount of at least double what he alleges the value of the property to be.
If the…
2Cases cited19 opinions
- Hansberry v. LeeSupreme Court of the United States · 1940
- Samuel Bailey v. Joe T. PattersonSupreme Court of the United States · 1962
- Thomas L. Jenkins v. United Gas Corporation and Allan B. CaldwellCourt of Appeals for the Fifth Circuit · 1968
- Esplin v. HirschiCourt of Appeals for the Tenth Circuit · 1968
- Dolgow v. AndersonDistrict Court, E.D. New York · 1968
14 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- In Re Tobacco II CasesCalifornia Supreme Court · 2009
- Beulah Hammond, Individually and on Behalf of All Others Similarly Situated v. Frank Powell, Sheriff of Richland County, South CarolinaCourt of Appeals for the Fourth Circuit · 1972
- American Finance System Inc. v. HarlowDistrict Court, D. Maryland · 1974
- In re Plywood Anti-trust LitigationDistrict Court, E.D. Louisiana · 1976
- Rosa Rivera v. The Honorable Marvin A. Freeman, Judge of the Superior Court of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1972
40 more not listed; retrieve them via the Exa API.