Legal Opinion

William Deering & Co. v. Peterson

Supreme Court of Minnesota

Decided December 27, 1898No. Nos. 11,319—(58)PublishedCited by 35 opinions

Action in the district court for Marshall county to recover $103.50, the balance due on a promissory note. John G-illespie, Jr., was garnished. The board of county commissioners of Marshall county obtained leave to intervene as claimant to the property in the hands of the garnishee. Plaintiff demurred to the complaint in intervention. From an order, Ives, J., overruling the demurrer, plaintiff appealed.

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Action in the district court for Marshall county to recover $103.50, the balance due on a promissory note. John G-illespie, Jr., was garnished. The board of county commissioners of Marshall county obtained leave to intervene as claimant to the property in the hands of the garnishee. Plaintiff demurred to the complaint in intervention. From an order, Ives, J., overruling the demurrer, plaintiff appealed. The title of Laws 1893, cc. 225, 226, does not conform to Const. art. 4, § 27, under the rule laid down in State v. Smith, 35 Minn. 257. See also State v. Young, 47 Ind. 150. These chapters…

1Opinion of the CourtCanty, J.

The garnishee herein disclosed that he had in his possession and under his control 144 bushels of wheat, the property of defendant. It is also to be inferred from the disclosure that defendant held the .title to this wheat under a chattel mortgage given by one Herman Peterson on his crop. It appeared also on the disclosure that Marshall county made a claim to the wheat. Thereupon the board of county commissioners of that county intervened as claimant, and alleged in their complaint that on March 25, 1898, said Herman Peterson was, and ever since has been, the owner and in actual possession of…

2Cases cited6 opinions

  1. Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
  2. State v. Nelson CountyNorth Dakota Supreme Court · 1890
  3. State ex rel. Griffith v. Osawkee TownshipSupreme Court of Kansas · 1875
  4. Coates v. CampbellSupreme Court of Minnesota · 1887
  5. Commonwealth Title Insurance & Trust Co. v. DokkoSupreme Court of Minnesota · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
  2. Johns Hopkins University v. WilliamsCourt of Appeals of Maryland · 1952
  3. Veterans' Welfare Board v. JordanCalifornia Supreme Court · 1922
  4. Chicago Motor Club v. KinneyIllinois Supreme Court · 1928
  5. State ex rel. City of New Richmond v. DavidsonWisconsin Supreme Court · 1902

30 more not listed; retrieve them via the Exa API.

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