La Crosse & Minnesota Steam Packet Co. v. Robertson
Supreme Court of Minnesota
The plaintiff claiming that the defendant had wrongfully taken and detained certain personal property belonging to the plaintiff, brought this action in the District Gourt for'Ramsey County, to recover possession of the same. The defendant justified the taking and detention, alleging that he was, at the time, sheriff of said county, and levied upon, and took said property under and by virtue of an execution duly-issued out of this court against the property of the plaintiff.
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The plaintiff claiming that the defendant had wrongfully taken and detained certain personal property belonging to the plaintiff, brought this action in the District Gourt for'Ramsey County, to recover possession of the same. The defendant justified the taking and detention, alleging that he was, at the time, sheriff of said county, and levied upon, and took said property under and by virtue of an execution duly-issued out of this court against the property of the plaintiff. Issue was joined and the cause tried before the Court without a jury. The Court found, among other things, that the…
1Opinion of the Court
Wilson, Oh. J.
By the Court A party, having a special property in goods, can only recover, as against the general owner, the value of the special interest, which in this case is the amount of the execution with interest and cost thereon. Sedgwick on Meas. of Damages, 501 ; Rhodes vs. Woods, 41, Barb. 471; Parish vs. Wheeler, 22 N. Y., 494 ; Russell vs. Butterfield, 21 Wend. 300.
*294Section 249, chapter 66, of the General Statutes has not changed the measure of damages in cases of this kind. It was intended by that section to declare generally the relief to which the parties should be entitled in…
2Cases cited3 opinions
- Parish v. . WheelerNew York Court of Appeals · 1860
- Russell v. ButterfieldNew York Supreme Court · 1839
- Fitzhugh v. . WimanNew York Court of Appeals · 1854
3Cited by4 opinions
- Wheaton v. ThompsonSupreme Court of Minnesota · 1873
- Becker v. DunhamSupreme Court of Minnesota · 1880
- Kiser v. HensleySupreme Court of Virginia · 1918
- Pearce v. MaguireSupreme Court of Rhode Island · 1890