Du Toit v. Fergestad
Supreme Court of Minnesota
Appeal by defendant, Halvor Fergestad, from an order of. the District Court of Carver County, Thomas Canty, J., made April 11, 1893, refusing to vacate a writ of attachment.
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Appeal by defendant, Halvor Fergestad, from an order of. the District Court of Carver County, Thomas Canty, J., made April 11, 1893, refusing to vacate a writ of attachment. On February 10, 1893, the plaintiff, George A. Dn Toit of Chaska commenced this action to recover $866.60 balance claimed to be due "Mm for 309,500 Min run brick, sold August 1, 1892, and delivered by rail to defendant at St. Louis Park at $6.25 per M. to be used in "building the shops of Minneapolis Esterly Harvester Works. On ■the same day plaintiff made affidavit that Fergestad was about to dispose of his property with…
1Opinion of the CourtColliNS, J.
This was an appeal from an order of the district ■court denying defendant’s motion to vacate and set aside a writ of attachment, and all proceedings thereunder, on the ground that the affidavit upon which the writ was based was false and untrue. The ■return to this court, according to the clerk’s certificate, contains ■copies of “the original summons, complaint, answer, reply, verdict, affidavit and order for attachment, affidavit and notice of motion for an order dissolving attachment, counter affidavit by plaintiff, defendant’s affidavit, order denying motion to dissolve attachment, and…
2Cases cited2 opinions
- Hospes v. Northwestern Manufacturing & Car Co.Supreme Court of Minnesota · 1889
- Prouty v. HallowellSupreme Court of Minnesota · 1893
3Cited by3 opinions
- McAllen v. McAllenSupreme Court of Minnesota · 1906
- Parker v. BradfordSupreme Court of Minnesota · 1897
- Aure v. Board of County CommissionersSupreme Court of Minnesota · 1897