Christensen v. Tostevin
Supreme Court of Minnesota
Appeal by defendant P; J. Tostevin, "from an order of the District Court of Hennepin County, Lochren, J., made April 18, 1892, ordering him to pay over $60.00 disclosed in proceedings supplementary to execution. The plaintiff, Eobert Christensen, recovered judgment against the defendant, and a writ of execution was returned unsatisfied.
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Appeal by defendant P; J. Tostevin, "from an order of the District Court of Hennepin County, Lochren, J., made April 18, 1892, ordering him to pay over $60.00 disclosed in proceedings supplementary to execution. The plaintiff, Eobert Christensen, recovered judgment against the defendant, and a writ of execution was returned unsatisfied. The defendant was then examined in proceedings supplementary to execution and testified that he had received since the order was served upon him, $60 in money, but that he had used the same to pay living expenses. On this disclosure, plaintiff moved for an…
1Opinion of the CourtDickinson, J.
An order in statutory proceedings supplementary to execution, (1878 G. S. ch. 66, tit. 2é,) directing the payment of money by the judgment debtor, is appealable, it being “a final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action after judgment.” 1878 G. S. ch. 86, § 8, subsec. 6.
In the proceedings here reviewed a judgment debtor, this appellant, was on the 19th of March served with an order requiring him *231to make disclosure before a referee concerning his property on the 31st of that month. • This order, as is usual in such…
2Cases cited1 opinion
- James H. Bishop & Co. v. TravisSupreme Court of Minnesota · 1892
3Cited by2 opinions
- Johnson v. BrajkovichSupreme Court of Minnesota · 1949
- Hansen v. Daniel Hayes Co. of IdahoSupreme Court of Minnesota · 1924