Coykendall v. Way
Supreme Court of Minnesota
Plaintiffs brought suits against Asa Way and others in the district court for Redwood county, caused defendants’ stock of goods to be attached, and afterwards recovered judgments for $2,829.20. Execution issued, under which the attached property was sold, on September 22, 1881,for $1,210. By an exparte order made July 19,1881, the sheriff’s fees and charges for securing and keeping the attached property were allowed at $566.90. The plaintiffs, being dissatisfied with this…
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Plaintiffs brought suits against Asa Way and others in the district court for Redwood county, caused defendants’ stock of goods to be attached, and afterwards recovered judgments for $2,829.20. Execution issued, under which the attached property was sold, on September 22, 1881,for $1,210. By an exparte order made July 19,1881, the sheriff’s fees and charges for securing and keeping the attached property were allowed at $566.90. The plaintiffs, being dissatisfied with this order, applied for a rehearing, which was had on October 21,1881, before Cox, J., and upon which an order was made, the…
1Opinion of the CourtMitchell, J.
This is an appeal from an order made pursuant to Gen. St. 1878, e. 8, § 198, directing the sheriff to pay over certain moneys collected by him on executions in these actions. We are of opinion that such an order is appealable under Gen. St. 1878, c. 86, § 8, as “a final order affecting a substantial right, made * * * upon a summary application, in an action after judgment.”
From the findings of the court it appears that in determining the amount to be allowed to the sheriff for securing and keeping the property attached and subsequently sold on execution, the court did not consider at all what…
2Cited by3 opinions
- State ex rel. Schloss v. Superior CourtWashington Supreme Court · 1892
- Roche v. DunnSupreme Court of Minnesota · 1906
- Wells-Dickey Co. v. BenjaminMontana Supreme Court · 1925