Kroll v. Moritz
Supreme Court of Minnesota
Action in the district court for Stearns county to recover $220 for the conversion of certain grain. The defendant justified the taking as sheriff of the county under a writ of attachment directed to him in an action by one Bouclc against Andrew Kroll, and alleged that the grain was the property of Andrew Kroll. The reply was a general denial.
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Action in the district court for Stearns county to recover $220 for the conversion of certain grain. The defendant justified the taking as sheriff of the county under a writ of attachment directed to him in an action by one Bouclc against Andrew Kroll, and alleged that the grain was the property of Andrew Kroll. The reply was a general denial. The case was tried before Taylor, J., and a jury which, found in favor of plaintiff and assessed her damages at $210.91. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.
1Opinion of the CourtO’Brien, J.
Plaintiff, with' her husband, Andrew Kroll, and their children, occupied as tenants a tract of land in Stearns county. The husband was indebted to one C. W. Bouck, at whose suit a writ of attachment issued against Andrew Kroll, and the deputy sheriff of the county levied upon certain grain which formed part of the crop grown upon the land occupied by the Krolls. Plaintiff brought this action against the sheriff for conversion.
The plaintiff and Andrew Kroll have been married for some seventeen years, during which time they have resided in different places and occupied different farms as…
2Cases cited3 opinions
- Molm v. BartonSupreme Court of Minnesota · 1881
- Wood v. MatterSupreme Court of Minnesota · 1902
- Carpenter v. BodkinSupreme Court of Minnesota · 1886
3Cited by2 opinions
- Kueffner v. GottfriedSupreme Court of Minnesota · 1922
- Yates v. Commercial Bank & Trust Co.Montana Supreme Court · 1927