Gunz v. Heffner
Supreme Court of Minnesota
Action for the conversion of personal property of the alleged value of $2,000, brought in the district court for Mower county. The complaint alleges that defendant caused the seizure and sale of the property in question under an execution issued upon a void judgment against the plaintiff, which judgment was afterwards vacated by the court for want of service of the summons.
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Action for the conversion of personal property of the alleged value of $2,000, brought in the district court for Mower county. The complaint alleges that defendant caused the seizure and sale of the property in question under an execution issued upon a void judgment against the plaintiff, which judgment was afterwards vacated by the court for want of service of the summons. The answer admits the entry of the judgment and its vacation by the court, and alleges as a defence that prior to the entry of defendant’s judgment, a writ of attachment in another action against plaintiff, for $77, had…
1Opinion of the CourtVanderburgh, J.
Defendant obtained a judgment against the plaintiff, which was void for want of jurisdiction. His attorney issued execution thereon, which was satisfied by a sale of the plaintiff’s property. As the appropriation of his property, through a levy and sale by the sheriff, would be the natural result of the issuance of an execution regular on its face, the plaintiff in the execution would be responsible for the damages arising from the acts of the officer in obedience to the commands of the writ, though not for.irregularities in executing it, or for a wrongful levy upon the property of a third…
2Cases cited1 opinion
- Foster v. WileyMichigan Supreme Court · 1873
3Cited by8 opinions
- Robinette v. PriceSupreme Court of Minnesota · 1943
- Herrick v. MorrillSupreme Court of Minnesota · 1887
- Ton v. StetsonWashington Supreme Court · 1906
- Farmer v. CrosbySupreme Court of Minnesota · 1890
- Beyersdorf v. SumpSupreme Court of Minnesota · 1888
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