Mollison v. Eaton
Supreme Court of Minnesota
action was commenced in the district court for Mower county, to recover damages for the wrongful taking and conversion of certain personal property. Issue was joined and the case tried before a referee.
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action was commenced in the district court for Mower county, to recover damages for the wrongful taking and conversion of certain personal property. Issue was joined and the case tried before a referee. The material facts in the case are substantially as follows: The plaintiff who was then sheriff of Mower county, on the 24th day of March, 1869, levied upon the property in question, as the property of Trask & Co., under an execution issued against them from the district court of Olmsted county. The judgment upon which this execution was issued, was recovered on the 17th day of March, 1869.…
1Opinion of the Court
By the Court
Berry, J.
Section 13, chapter 64, General Statutes requires an execution to be “dated on the day on which it is issued.” The defendant says that the execution under which plaintiff claims was void, because not dated on the day of its delivery to the sheriff, w'hich is claimed to be the day of its issue in the meaning of the statute. We think, however, that the day on which the execution was taken out of the clerk’s office, was the day “ on which it issued,” in the intent of the statute. The dating is done by the clerk, which implies that the date is within the clerk’s knowledge at…
2Cited by7 opinions
- State ex rel. Young v. RobinsonSupreme Court of Minnesota · 1907
- State ex rel. Erickson v. WestSupreme Court of Minnesota · 1889
- Fisher v. LewisSupreme Court of Missouri · 1879
- Marsh v. ArmstrongSupreme Court of Minnesota · 1873
- Gowan v. FountainSupreme Court of Minnesota · 1892
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