Legal Opinion

Rockwood v. Davenport

Supreme Court of Minnesota

Decided December 13, 1887PublishedCited by 7 opinions

The plaintiff brought this action in the district court for Hennepin county, to restrain the defendant, who is clerk of such district court, from entering certain judgments in the judgment-book, and appeals from an order by Lochren, J., refusing a temporary injunction.

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The plaintiff brought this action in the district court for Hennepin county, to restrain the defendant, who is clerk of such district court, from entering certain judgments in the judgment-book, and appeals from an order by Lochren, J., refusing a temporary injunction. It appeared from the complaint and the affidavits on the part of the defendant that the plaintiff is the assignee in insolvency of one Samuel H. Baker under an assignment made April 15, 1887; that in March, 1887, the defendant entered in the judgment docket of the court the record of what purported to be judgments of the court…

1Opinion of the CourtGileillan, C. J.

Gen. St. 1878, c. 66, § 273, reads: “The judgment shall be entered in the judgment-book, and specify clearly the relief granted or other determination of the action.” By section 275 the clerk is required, “immediately after entering the judgment,” to attach and file, as the judgment-roll, certain papers, among them a copy of the judgment. Section 277 provides for docketing the judgment “on filing the judgment-roll.” These acts follow in regular sequence: First, the entry of the judgment; second, the making up and filing the judgment-roll; third, the docketing. To support either a…

2Cases cited4 opinions

  1. McDonald v. City of Red WingSupreme Court of Minnesota · 1868
  2. Hunter v. Cleveland Co-operative Stove Co.Supreme Court of Minnesota · 1884
  3. Brisbin v. American Express Co.Supreme Court of Minnesota · 1870
  4. Kœnig v. County of WinonaSupreme Court of Minnesota · 1865

3Cited by7 opinions

  1. In re WeberNorth Dakota Supreme Court · 1894
  2. Kennedy v. Citizens' National BankSupreme Court of Iowa · 1903
  3. Minneapolis Gaslight Co. v. City of MinneapolisSupreme Court of Minnesota · 1913
  4. Clark v. ButtsSupreme Court of Minnesota · 1898
  5. Locke v. HubbardSouth Dakota Supreme Court · 1896

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