Simon v. Mann
Supreme Court of Minnesota
On January 14, 1884, in an action against this defendant, commenced in the United States circuit court for the district of Minnesota, an indebtedness owing to the defendant was attached by garnishment. Thereupon, on January 22,1884, the defendant made an assignment under the provisions of Laws 1881, c. 148, for the benefit of those creditors who should file releases, to James A. Owens, who duly qualified and took possession of all the defendant’s property.
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On January 14, 1884, in an action against this defendant, commenced in the United States circuit court for the district of Minnesota, an indebtedness owing to the defendant was attached by garnishment. Thereupon, on January 22,1884, the defendant made an assignment under the provisions of Laws 1881, c. 148, for the benefit of those creditors who should file releases, to James A. Owens, who duly qualified and took possession of all the defendant’s property. The plaintiffs in this action duly recovered judgment against the defendant, in the district court for Ramsey county, on March 15,1884,…
1Opinion of the CourtMitchell, J.
The questions raised on this appeal involve the construction of the following provisions of the “Insolvent Law” of 1881, (Laws 1881, c. 148:)
Section 1. “Whenever the property of any debtor is attached or levied upon by any officer, by virtue of any writ or process issued out of a court of record of this state in favor of any creditor, or garnishment made against any debtor, such debtor may ⅜ * ⅜ make an assignment of all his property * * * for the equal benefit of all his creditors, * * * which assignment shall he made in accordance with and he governed by the laws of the state of Minnesota…
2Cases cited3 opinions
- In re MannSupreme Court of Minnesota · 1884
- Wendell v. LebonSupreme Court of Minnesota · 1883
- Lesher v. GetmanSupreme Court of Minnesota · 1881
3Cited by8 opinions
- McClure v. CampbellWisconsin Supreme Court · 1888
- Daniels v. PalmerSupreme Court of Minnesota · 1886
- Bennett v. KnowlesSupreme Court of Minnesota · 1896
- Daniels v. PalmerSupreme Court of Minnesota · 1889
- In re the Estate of KittsonSupreme Court of Minnesota · 1891
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