Legal Opinion

Thorn Wire Hedge Co. v. Fuller

Supreme Court of the United States

Decided May 27, 1887No. 1371PublishedCited by 36 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. This was a writ of error brought under. § 5 of the act of March 3, 1875 (c. 137, 18 Stat. 470), for the review of an order of the Circuit Court remanding a suit which had been removed from the District Court of Freeborn County, Minnesota.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. This was a writ of error brought under. § 5 of the act of March 3, 1875 (c. 137, 18 Stat. 470), for the review of an order of the Circuit Court remanding a suit which had been removed from the District Court of Freeborn County, Minnesota. The facts were these: Cassius D. Fuller and Burt G. Patrick, citizens of Minnesota, doing business, as hardware merchants in the city of Albert Lea, began the suit October 12, 1886, against Jacob Larson, sheriff of the county, for trespass, in taking possession of their stock of…

1Opinion of the CourtChief Justice Waite

We have been referred by the parties to the following sections of c. 66 of the General Statutes .(1878) of Minnesota as authority for the intervention of the execution creditor and his sureties in the action:

“Section 131. Intervention. — Any person who has an, interest in the matter at litigation, in the success of either of the parties to the action, or against either or both, may become a party to any action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claim of the…

2Cases cited2 opinions

  1. Pirie v. TvedtSupreme Court of the United States · 1885
  2. Sloane v. AndersonSupreme Court of the United States · 1886

3Cited by36 opinions

  1. Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
  2. Torrence v. SheddSupreme Court of the United States · 1892
  3. Graves v. CorbinSupreme Court of the United States · 1890
  4. Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
  5. Warax v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1896

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