Dodge v. Chandler
Supreme Court of Minnesota
This action was brought in the District Court for Goodhue County, for the recovery of certain liquors alleged in the complaint to be the personal property of the plaintiff, and unjustly taken from his possession by the defendant.
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This action was brought in the District Court for Goodhue County, for the recovery of certain liquors alleged in the complaint to be the personal property of the plaintiff, and unjustly taken from his possession by the defendant. The defendant justifies the taking, alleging in his answer that at the time he was Sheriff of Goodhue County, and took the same under an execution issued upon a judgment rendered in the District Court for Eamsey County, in favor of John Curtis, and against one A. Spencer, July 14, 1862, for $267.15 ; that a transcript was docketed in Goodhue County, Dec. 1, 1862;…
1Opinion of the CourtMcMillan, J.
By the Court It is not necessary to consider the first two objections urged by the plaintiff. The third objection is, that the execution under which the sheriff, defendant here, justifies, was void, because it was issued before the transcript of the judgment was filed, in Goodhue County.
' The answer sets up a judgment in Bamsey County July 14, 1862; a transcript docketed in Goodhue County,' December 1, 1862, and “ that -heretofore, to wit, on or about the 28th day of November, A. D. 1862, at said County of Bamsey, an execution was duly issued out of and under the seal of said District Court…
2Cases cited4 opinions
- Montour v. PurdySupreme Court of Minnesota · 1866
- Lockwood v. BigelowSupreme Court of Minnesota · 1865
- Stickney v. BronsonSupreme Court of Minnesota · 1861
- Dodge v. ChandlerSupreme Court of Minnesota · 1864
3Cited by9 opinions
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Merchants National Bank v. City of East Grand ForksSupreme Court of Minnesota · 1905
- State ex rel. Skyllingstad v. GunnSupreme Court of Minnesota · 1904
- Calderwood v. Jos. Schlitz Brewing Co.Supreme Court of Minnesota · 1909
- Nix v. GilmerSupreme Court of Oklahoma · 1897
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