Cable v. Hoolihan
Supreme Court of Minnesota
Action in the district court for Itasca county to recover from defendant as sheriff of that county $947.20 for the conversion of personal property claimed by plaintiff to be exempt, which property was seized and sold by defendant under an execution upon a judgment against plaintiff. The case was tried before Spooner, J., who found in favor of plaintiff for $265, after having submitted certain questions of fact to a jury.
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Action in the district court for Itasca county to recover from defendant as sheriff of that county $947.20 for the conversion of personal property claimed by plaintiff to be exempt, which property was seized and sold by defendant under an execution upon a judgment against plaintiff. The case was tried before Spooner, J., who found in favor of plaintiff for $265, after having submitted certain questions of fact to a jury. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtBrown, J.
For some years prior to May 27, 1904, plaintiff had been a butcher and meat cutter by trade, said trades being separate and distinct in nature, and was on that day possessed of and using in the exercise of his trade certain tools which were afterwards seized and. sold by defendant, acting as sheriff, under an execution against him. On the claim that the tools were exempt under the provisions of section 5459, G. S. 1894, this action was brought against the sheriff for their conversion. Plaintiff had judgment, and defendant appealed from an order denying a new trial.
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2Cases cited4 opinions
- P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
- Harris v. HaynesMichigan Supreme Court · 1874
- Miller v. MillerMichigan Supreme Court · 1893
- Murphy v. ShermanSupreme Court of Minnesota · 1878
3Cited by6 opinions
- Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer)United States Bankruptcy Court, D. Minnesota · 1981
- In Re SchuetteUnited States Bankruptcy Court, D. Minnesota · 1986
- Cravens, Dargan Roberts v. McBrayerCourt of Appeals of Texas · 1923
- Garcia v. IchikawaHawaii Supreme Court · 1939
- Hettinger v. WellsWisconsin Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.