Murphy v. Sherman
Supreme Court of Minnesota
Action for damages for the unlawful taking and detention-of a horse, taken from plaintiff’s 'possession by the defendant Sherman, a constable, under a writ of attachment issued by a justice of the peace, in an action brought against the-plaintiff by the defendant Woods. The complaint states that the horse was the only horse owned by plaintiff, and therefore exempt from attachment, and that Woods directed Sherman to levy on it, knowing at the time that it was exempt.
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Action for damages for the unlawful taking and detention-of a horse, taken from plaintiff’s 'possession by the defendant Sherman, a constable, under a writ of attachment issued by a justice of the peace, in an action brought against the-plaintiff by the defendant Woods. The complaint states that the horse was the only horse owned by plaintiff, and therefore exempt from attachment, and that Woods directed Sherman to levy on it, knowing at the time that it was exempt. The defendants justified under the attachment, and further pleaded that under the execution issued on the judgment rendered in…
1Opinion of the CourtGileillan, C. J.
This action was in the nature of trespass ■de bonis for unlawfully taking a horse of plaintiff, which the ■defendants justify under a writ of attachment in favor of Woods against plaintiff, executed by defendant Sherman, a ■constable. The court below instructed the jury that no demand by plaintiff was necessary, and that they should find .a verdict for plaintiff for the value of the horse, with interest from the time of taking. In these instructions, the court was right. There was no controversy as to the taking, and the evidence to show the horse exempt was clear and uncontradicted, and it…
2Cited by6 opinions
- Varco v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Cable v. HoolihanSupreme Court of Minnesota · 1906
- Millerke v. ReileySouth Dakota Supreme Court · 1913
- Thompson v. PetersonSupreme Court of Minnesota · 1913
- Howard v. RuglandSupreme Court of Minnesota · 1886
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