Entrop v. Williams
Supreme Court of Minnesota
This is an appeal taken by the defendant from an order giving the plaintiff leave to issue execution on a judgment, after the lapse of five years from its entry, on which, no execution had issued. A sufficient statement of the case appears in the opinion of the court.
1Opinion of the Court
By the Cowrt
Berry, J.
On the 31st day of April, 1858, judgment was entered and docketed in the District Court for Scott county, in favor of the respondent against the appellant,, for $389 72. On the 28th day of July, 1865.,. no execution having been previously taken out, the respondent applied for an order granting leave to issue execution on such judgment. The order was granted,- and an appeal taken therefrom. It is objected that no appeal lies from an order of this nature. The order is “made upon a summary application in an action after judgment.” It is “final” because it is all the…
2Cases cited2 opinions
- Muir v. LeitchNew York Supreme Court · 1849
- Westervelt v. KingSupreme Court of Minnesota · 1860