Perkins v. Zarracher
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Polk county to recover the value of a quantity of wines, liquors and cigars, which he alleged were his property and had been taken from his possession and converted by defendant.
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Plaintiff brought this action in the district court for Polk county to recover the value of a quantity of wines, liquors and cigars, which he alleged were his property and had been taken from his possession and converted by defendant. The answer put in issue the title and possession of plaintiff, and alleged that at all the times mentioned in the complaint one Bissailon was the owner and in possession of the property, and that the defendant, as sheriff of Polk county, took the property from Bissailon’s possession by virtue of a writ of attachment in a suit against him, and afterwards sold it…
1Opinion of the Court
Berry, J.1
1. Section 31 of our assignment act (Gen. St. 1878, c. 41) enacts that the clerk of the court wherein any assignment, inventory, or bond made under such act shall be filed, shall forthwith indorse thereon the day, hour, and minute thereof, in a suitable book to be kept by him for that purpose. Though, for obvious reasons, it is highly desirable that the clerk should perform the duty of making the indorsement and record, they are not made essential to the validity of the assignment. On the contrary, under section 23, filing alone is sufficient, neither assignor nor assignee being…
2Cases cited2 opinions
- Swart v. ThomasSupreme Court of Minnesota · 1879
- Ely v. TitusSupreme Court of Minnesota · 1869
3Cited by2 opinions
- Kiewel v. TannerSupreme Court of Minnesota · 1908
- Strong v. BrownSupreme Court of Minnesota · 1889