Legal Opinion

Carlson v. Small

Supreme Court of Minnesota

Decided December 2, 1884PublishedCited by 2 opinions

Replevin, in justice court for Redwood county. The replevin affidavit, made October 2,1883, was as follows: [Title, etc.] “C. P. Carlson came before me personally, and, being first duly sworn, doth say that he is said plaintiff in the above-entitled cause; that said plaintiff is entitled to the immediate possession of that certain personal property to recover possession of which this-suit is brought, and which is described as follows, that is to say: Eight cords of mixed…

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Replevin, in justice court for Redwood county. The replevin affidavit, made October 2,1883, was as follows: [Title, etc.] “C. P. Carlson came before me personally, and, being first duly sworn, doth say that he is said plaintiff in the above-entitled cause; that said plaintiff is entitled to the immediate possession of that certain personal property to recover possession of which this-suit is brought, and which is described as follows, that is to say: Eight cords of mixed wood; that the same is wrongfully detained from said plaintiff by said defendant at the county of Redwood and…

1Opinion of the CourtVanderburgh, J.

Replevin for a car-load of wood, claimed to be exempt as necessary fuel.

1. We think the informality in the replevin affidavit complained of was not fatal to the jurisdiction of the justice; and the district court, to' which the case was brought by appeal upon law and fact, properly overruled the motion for a dismissal of the action. The affidavit states that the property “was not taken from him [plaintiff] by any process legally and properly issued against him, or, if so taken, that it was exempt,” etc. The object of the statute (Gen. St. 1878, c. 65, § 89) seems to be to prevent the writ…

2Cases cited1 opinion

  1. Dennis v. SnellNew York Supreme Court · 1866

3Cited by2 opinions

  1. Lane v. Minnesota State Agricultural SocietySupreme Court of Minnesota · 1896
  2. Settles v. BondSupreme Court of Arkansas · 1886

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