Hines v. Chambers
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Steele county, Buckham, J,, presiding, refusing a new trial. The case is stated in tbe opinion. . The justice having no jurisdiction of the ease, his acts were void, and all the proceedings in connection therewith were likewise void. Constitution of Minn.
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Appeal by plaintiff from an order of the district court for Steele county, Buckham, J,, presiding, refusing a new trial. The case is stated in tbe opinion. . The justice having no jurisdiction of the ease, his acts were void, and all the proceedings in connection therewith were likewise void. Constitution of Minn. Art. 6, § 8; Barber v. Kennedy, 18 Minn. 216; Gates v. Neimeyer, 54 Iowa, 110; Galley v. County of Tama, 40 Iowa, 49; Mattison v. Bemeus, Hill & Denio, 321; Eklerkin v. Spurbeck, 3 Chand. 69, S. C. 2 Pinney, (Wis.) 129.
1Opinion of the CourtDickinson, J.
The defendants are respectively the sheriff and deputy sheriff of Steele county. One Colter commenced an action in justice’s court against one Sever Johnson, in which a writ of attachment was issued and delivered to the said deputy sheriff, by virtue of which he levied upon the property which is the subject of this action. This plaintiff brought this action in the nature of re-plevin to recover the property, he claiming to be the owner of it. The complaint alleges the official character of the defendants, and that the property was taken under the writ of attachment. Defendants justify under…
2Cases cited4 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Blackman v. WheatonSupreme Court of Minnesota · 1868
- James v. Van DuynWisconsin Supreme Court · 1878
- Braley v. ByrnesSupreme Court of Minnesota · 1874
3Cited by7 opinions
- Robinette v. PriceSupreme Court of Minnesota · 1943
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- Howard v. ManderfieldSupreme Court of Minnesota · 1883
- Townsly-Myrick Dry Goods Co. v. FullerSupreme Court of Arkansas · 1893
- Ingraham v. BootonSupreme Court of Minnesota · 1912
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