Caldwell v. Arnold
Supreme Court of Minnesota
APPEAL 2TEOM THE DISTEICT OOUET Off KAMSET COUNTY. Points and Authorities of Appellant. I. Tbe referee erred in finding, as a conclusion of law, that the taking was wrongful, even though be were correct in finding tbe keeping after the demand for delivery was wrongful.
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APPEAL 2TEOM THE DISTEICT OOUET Off KAMSET COUNTY. Points and Authorities of Appellant. I. Tbe referee erred in finding, as a conclusion of law, that the taking was wrongful, even though be were correct in finding tbe keeping after the demand for delivery was wrongful. It has long been customary to distinguish between tbe actB of an officer performed under process of Court, and in perfect good faith, and with an bouest desire to do bis duty, even though he may happen to make a mistake and commit a wrong, from the acts of a simple wrongdoer; and the distinction is founded in reason and in…
1Opinion of the Court
By the Court
Atwater, J.
This was an action of re-plevin brought by Defendant in Error, to recover certain personal property alleged to have been wrongfully and unjustly taken and detained by the Defendants, the Plaintiff being the owner and entitled,to the immediate possession of the same. The complaint demanded a return of the property and damages to the amount of five hundred dollars.
The answer denied the material allegations of the complaint, and also justified the taking, as Sheriff and Deputy Sheriff of Namsey county, under a writ of attachment in favor of E. S. Sloan, (one of the…
2Cited by6 opinions
- Conlan v. GraceSupreme Court of Minnesota · 1886
- Haaven v. HoaasSupreme Court of Minnesota · 1895
- Morrison v. AbbottSupreme Court of Minnesota · 1880
- Anderson v. AndersonSupreme Court of Minnesota · 1900
- Breard v. LeeU.S. Circuit Court for the District of Northern California · 1911
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