Legal Opinion

Von Glahn v. Varrenne

U.S. Circuit Court for the District of Minnesota

Decided July 1, 1871Published

The present action is brought upon a judgment rendered September 20, 1808, in l'avor of the plaintiff and against the defendants in one of the state courts of Minnesota. That judgment was rendered upon a promissory note, dated St. Paul, Minnesota, December 17, 185(5, made by the defendants Banfiel & Rice, and indorsed to the plaintiff by the defendant Var-renne. This judgment is regular, and was obtained upon personal service.

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The present action is brought upon a judgment rendered September 20, 1808, in l'avor of the plaintiff and against the defendants in one of the state courts of Minnesota. That judgment was rendered upon a promissory note, dated St. Paul, Minnesota, December 17, 185(5, made by the defendants Banfiel & Rice, and indorsed to the plaintiff by the defendant Var-renne. This judgment is regular, and was obtained upon personal service. Banfiel & Rice and Varreune are all made defendants in the present action. Banfiel is not Served; Rice, though served, makes no defence; but Var-renne tiles an answer…

1Opinion of the Court

DILLON, Circuit Judge.

The debt from the defendant to the plaintiff was created in the state of Minnesota, in the year 1856. At that time, and down to the year 1858, when the plaintiff obtained his judgment against the defendant, in the courts of Minnesota, and down to the year 1861, when the defendant obtained his discharge under the state insolvent act, both of the parties to the suit were residents of that state, the plaintiff a resident alien, the defendant a resident citizen.

The proceedings in insolvency under the Minnesota act, and the defendants’ discharge thereunder, are admitted to be…

2Cases cited8 opinions

  1. Poe v. DuckCourt of Appeals of Maryland · 1853
  2. Pugh v. BusselIndiana Supreme Court · 1831
  3. Donnelly v. . CorbettNew York Court of Appeals · 1852
  4. Hawley v. HuntSupreme Court of Iowa · 1869
  5. Felch v. BugbeeSupreme Judicial Court of Maine · 1859

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