Legal Opinion

Scanlan v. O'Brien

Supreme Court of Minnesota

Decided April 12, 1875PublishedCited by 3 opinions

Appeal by defendant from a judgment of the district court for Fillmore county, Page, J., presiding, entered pursuant to an order sustaining a demurrer to the answer.

1Opinion of the CourtGilfillan, C. J.

This plaintiff commenced an action before a justice of the peace against one John Carlin, in which an attachment issued against the property of Carlin. The officer executed the writ by attaching certain personal property of Carlin. This defendant and P. Griffith procured a delivery of the property to Carlin, by executing a bond to the plaintiff, conditioned that the property should be forthcoming when and where the justice should direct, and to abide the judgment of the justice. The plaintiff recovered, in that action, a judgment against Carlin, whereupon the justice made an order directing…

2Cases cited4 opinions

  1. Lyman v. LymanMassachusetts Supreme Judicial Court · 1814
  2. Shaw v. . TobiasNew York Court of Appeals · 1849
  3. Jewett v. TorreyMassachusetts Supreme Judicial Court · 1814
  4. Whaling v. ShalesNew York Supreme Court · 1839

3Cited by3 opinions

  1. Easton v. GoodwinSupreme Court of Minnesota · 1876
  2. Ross-Higgins Co. v. ProtzmanCourt of Appeals for the Ninth Circuit · 1922
  3. Brown v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1899

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