Jones v. Town
Supreme Court of Minnesota
The defendant, as sheriff of Nobles county, by virtue of a writ of attachment issued in an action brought by Charles P. Kellogg and others against James B. Jones, took possession of a stock of dry goods and boots and shoes, as the property of. James B. Jones.
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The defendant, as sheriff of Nobles county, by virtue of a writ of attachment issued in an action brought by Charles P. Kellogg and others against James B. Jones, took possession of a stock of dry goods and boots and shoes, as the property of. James B. Jones. Thereupon, the plaintiff in this action 'made and served on the defendant an affidavit stating that he was the “sole, absolute and unqualified owner, and entitled to the possession and entire control” of the property attached, and that such property “was purchased by deponent, for a full, valuable and adequate consideration, through his…
1Opinion of the CourtBerry, J.
Defendant’s first point is that the verdict is against the weight of evidence; but there is certainly evidence in the case reasonably tending to support it, and, where this is so, this court does not inquire what the weight of evidence is. We think there is evidence in the case from which the jury would have been warranted in inferring that the sale by James E. Jones to the plaintiff was made in good faith, in payment of a just indebtedness of the former to the latter, and without any fraudulent intent as respected the former’s creditors.
The defendant’s first and second requests for…
2Cases cited2 opinions
- Butler v. WhiteSupreme Court of Minnesota · 1879
- Barry v. McGradeSupreme Court of Minnesota · 1869
3Cited by2 opinions
- Larkin v. City of MinneapolisSupreme Court of Minnesota · 1910
- Bailey v. ChandlerSupreme Court of Minnesota · 1880