Malchoff v. Knewel

This is an- appeal from an order of the circuit court overruling defendant’s demurrer to the complaint on the ground that the complaint does not state a cause of action.

The complaint is divided into five paragraphs alleging, in substance, as follows: First, ¡defendant is sheriff of Minneha'ha county; second, plaintiff was owner, by virtue of a sales contract, and entitled to possession of certain personal property (described) of the value of $370; third, defendant, as sheriff, without plaintiff’s consent, wrongfully, maliciously, and unlawfully took and carried away from the possession of…