Legal Opinion

Banning v. Sibley

Supreme Court of Minnesota

Decided December 15, 1859PublishedCited by 7 opinions

Appeal from an order of the District Court of Ramsey County, denying a motion for judgment against the Respondent, as Garnishee, upon his disclosure under the garnishee process, The opinion of the Court contains a fall statement of the case.

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Appeal from an order of the District Court of Ramsey County, denying a motion for judgment against the Respondent, as Garnishee, upon his disclosure under the garnishee process, The opinion of the Court contains a fall statement of the case. The following are the points and authorities relied upon by the Counsel for the Appellant: First. — The resolution under which the Respondent holds the property in question — as an assignment — would be void as to creditors, and the Appellant being a creditor, would therefore be entitled to take the same in execution as the property of the Company, and to…

1Opinion of the Court

By the CAwY

— Atwater, J.

The Appellant in September last, obtained a judgment in the District Court for Ramsey County, against the Minneapolis and Cedar Yalley Rail Road Company, for the sum of $2781,90. During the pendency of *394that suit, an action was commenced against Henry H. Sibley, as garnishee of said Hail Boad Company, the summons requiring him to appear and answer thereto on the 12th of September, 1859. The answer!] disclosed inter alia the following facts, viz:

“At a regular meeting of the Board of Directors of the Minneapolis and Cedar Valley Bail Boad Company, the following resolution…

2Cases cited2 opinions

  1. Cowles v. CoeSupreme Court of Connecticut · 1851
  2. How v. FieldMassachusetts Supreme Judicial Court · 1809

3Cited by7 opinions

  1. Lucey v. VilhauerSouth Dakota Supreme Court · 1935
  2. Old Second National Bank v. WilliamsMichigan Supreme Court · 1897
  3. Sprinkler Warehouse, Inc. v. Systematic Rain, Inc., d/b/a GPLAWN.comSupreme Court of Minnesota · 2016
  4. Sprinkler Warehouse, Inc. v. Systematic Rain, Inc., d/b/a GPLAWN.comCourt of Appeals of Minnesota · 2015
  5. Wooldridge v. IrvingUnited States Circuit Court · 1884

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