Legal Opinion

West v. Berg

Supreme Court of Minnesota

Decided November 20, 1896No. Nos. 10,276-(93)PublishedCited by 4 opinions

Appeal by plaintiff from an order of the district court for Polk county, Ives, J., denying a motion for a new trial.

1Opinion of the CourtStart, C. J.

This is an action by the plaintiff, as constable, to-recover from the defendant a quantity of grain which, he alleges, the defendant unlawfully took and carried away while he was holding it by virtue of a levy thereon, under a writ of attachment duly issued out of a justice court, in an action therein pending, delivered to him for service and duly levied by him on the grain. A portion of the grain was in the shock, and the balance uncut, at the time the plaintiff claims to have levied upon it. The levy was made on August 29r *2881895, by filing- a certified copy of tbe writ and tbe return of…

2Cases cited4 opinions

  1. State v. StaleySupreme Court of Minnesota · 1869
  2. Smith v. VictorinSupreme Court of Minnesota · 1893
  3. Barker v. KelderhouseSupreme Court of Minnesota · 1863
  4. Adams v. SpeelmanNew York Supreme Court · 1890

3Cited by4 opinions

  1. Gillette-Herzog Manufacturing Co. v. Board of County CommissionersSupreme Court of Minnesota · 1897
  2. Nohre v. WrightSupreme Court of Minnesota · 1906
  3. Caley v. RogersSupreme Court of Minnesota · 1898
  4. Troy v. RodgersMichigan Supreme Court · 1910

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