Parkinson v. Brandenburg
Supreme Court of Minnesota
The plaintiff, having been duly appointed assignee of B. N. Johnson and Gustav 0. Dahl, insolvents, brought this action in the district court for Otter Tail county, to recover damages for the alleged conversion of certain property of the insolvents. The defendant justified his taking as sheriff under writs of attachment issued from a justice’s court on February 27,1885, under which he levied upon the property on the same day.
Read the full summary
The plaintiff, having been duly appointed assignee of B. N. Johnson and Gustav 0. Dahl, insolvents, brought this action in the district court for Otter Tail county, to recover damages for the alleged conversion of certain property of the insolvents. The defendant justified his taking as sheriff under writs of attachment issued from a justice’s court on February 27,1885, under which he levied upon the property on the same day. The action was tried without a jury before Baxter, J., who held the levies made on February 27,1885, were dissolved, under the provisions of Laws 1885, c. 70, upon the…
1Opinion of the CourtMitchell, J.
The question here is whether the levy made on February 27th, under writs of attachment issued out of justice’s court, was dissolved by the assignment under the insolvent law, executed March 2d, by the defendants in the writs, Johnson & Dahl. This involves the question whether chapter 70, Laws 1885, took effect on the twenty-seventh or on the twenty-eight of February. The act was passed February 27th, and was, by its terms, to “take effect, and be in force, from and after its passage.” In Duncan v. Cobb, 32 Minn. 460, (21 N. W. Rep. 714,) this court, in considering a statute which was to take…
2Cases cited6 opinions
- Louisville v. Savings BankSupreme Court of the United States · 1881
- Matthews v. ZaneSupreme Court of the United States · 1822
- In re WelmanUnited States District Court · 1844
- Duncan v. CobbSupreme Court of Minnesota · 1884
- People ex rel. Campbell v. ClarkCalifornia Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Vlahos v. R&I Construction of Bloomington, Inc.Supreme Court of Minnesota · 2004
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Leavenworth Coal Co. v. BarberSupreme Court of Kansas · 1891
- People Ex Rel. Mattison v. NyeCalifornia Court of Appeal · 1908
- Texas Co. v. DavisSupreme Court of Georgia · 1924
13 more not listed; retrieve them via the Exa API.