Legal Opinion

Auerbach v. Maynard

Supreme Court of Minnesota

Decided March 17, 1880PublishedCited by 7 opinions

Appeal by plaintiffs from an order of the district court for Kandiyohi county, Brown, J., presiding, denying their motion to revive and continue the action against the executrix of George G. Maynard, (the person originally named as defendant,) and that she be made a party defendant.

1Opinion of the CourtBerry, J.

On October 28, 1878, a summons was issued in this action, and delivered (with intent that it should be actually served) to the sheriff of Kandiyohi county, where the defendant G. G. Maynard last resided. At the same time a writ of attachment was allowed, commanding said sheriff to attach said defendant’s property. The sheriff seized property of the defendant under the writ, served notice upon the person in possession of the property, and still holds the same. Maynard being a non-resident of the state, and the sheriff returning that he could not find him in his county, publication of the…

2Cited by7 opinions

  1. In Re Connaway as Receiver of the Moscow National BankSupreme Court of the United States · 1900
  2. White v. JohnsonOregon Supreme Court · 1895
  3. Bond v. Pennsylvania RailroadSupreme Court of Minnesota · 1914
  4. Poupore v. Stone-Ordean-Wells Co.Supreme Court of Minnesota · 1916
  5. City of Sturgis v. WalkerSouth Dakota Supreme Court · 1962

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