Hawkins v. Ireland
Supreme Court of Minnesota
Appeal by defendant bank from an order of the district court for Hennepin county, Russell, J., denying a motion for a new trial. In case of an involuntary assignment, the assignee has no extraterritorial jurisdiction over real property as against an attaching creditor of the assignor, whether the attachment is before or after the assignment. BurrilJ, Assgmts. §§ 2, 172, 277 (2, 303, 304). See Story, Confl.
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Appeal by defendant bank from an order of the district court for Hennepin county, Russell, J., denying a motion for a new trial. In case of an involuntary assignment, the assignee has no extraterritorial jurisdiction over real property as against an attaching creditor of the assignor, whether the attachment is before or after the assignment. BurrilJ, Assgmts. §§ 2, 172, 277 (2, 303, 304). See Story, Confl. Laws (8th Ed.) § 404. An assignment under our insolvent law, made after attachment or garnishment, is an involuntary assignment, the assignee being in effect an officer of the court, and…
1Opinion of the Court
START, O. J.
The material facts in this case, as disclosed by the record and the findings of fact of the trial court, are substantially as follows: The defendant the Irish American Bank is a corporation of this state, and the city of Minneapolis is its only place of business, and all of the parties hereto are, and have been during all the times hereinafter stated, citizens and residents of this state, and have appeared in this action. The defendant Amos P. Ireland and Arthur H. Ives for eight months prior to February *34227, 1895, . were partners in business at Minneapolis under the firm name of…
2Cases cited8 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Phelps v. McDonaldSupreme Court of the United States · 1879
- Chafee v. Fourth National BankSupreme Judicial Court of Maine · 1880
- Cunningham v. ButlerMassachusetts Supreme Judicial Court · 1886
- May v. WalkerSupreme Court of Minnesota · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Medtronic, Inc. v. Advanced Bionics Corp.Court of Appeals of Minnesota · 2001
- Reed's Administratrix v. Illinois Central RailroadCourt of Appeals of Kentucky · 1918
- Greenberg v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1926
- State ex rel. Bossung v. District Court of Hennepin CountySupreme Court of Minnesota · 1918
- Freick v. HinklySupreme Court of Minnesota · 1913
24 more not listed; retrieve them via the Exa API.