Legal Opinion

Harris v. Spencer

Supreme Court of Minnesota

Decided June 18, 1915No. Nos. 19,332—(176)PublishedCited by 6 opinions

Action in the district court for Blue Earth county to recover $500. for rent. Defendant’s motion to vacate a writ of attachment was granted, Comstock, J. From the order vacating, the writ, plaintiff appealed.

1Opinion of the Court

Bunn, J.,

Plaintiff appeals from an order of the trial court vacating a writ of attachment issued on an affidavit of his attorney alleging that *142defendant “has assigned, secreted and disposed of his property with intent to delay or defraud his creditors.” Defendant moved to vacate the writ on affidavits denying this allegation, and the motion was heard on these and further affidavits in rebuttal and sur-rebuttal. The trial court in effect found this charge untrue, and the question on this appeal is whether this finding is against the evidence.

The facts, as shown by the record, which consists of…

2Cases cited7 opinions

  1. Horton v. WilliamsSupreme Court of Minnesota · 1875
  2. Weare Commission Co. v. DruleyIllinois Supreme Court · 1895
  3. Stein v. MunchSupreme Court of Minnesota · 1878
  4. Townsend v. KendallSupreme Court of Minnesota · 1860
  5. Crookston State Bank v. LeeSupreme Court of Minnesota · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re FreyDistrict Court, D. Minnesota · 1926
  2. Berkner v. LewisSupreme Court of Minnesota · 1916
  3. Grager v. HansenSupreme Court of Minnesota · 1925
  4. First National Bank v. WigginsSupreme Court of Minnesota · 1922
  5. Reiling v. WoodSupreme Court of Minnesota · 1938

1 more not listed; retrieve them via the Exa API.

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