Baxter v. Nash
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., dissolving an attachment upon property belonging to the defendant Nash.
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Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., dissolving an attachment upon property belonging to the defendant Nash. In England the right to a civil remedy for an injury growing out of a criminal or felonious act is postponed until the public injury is satisfied. 1 Addison, Torts, 54, § 45, but in this country both remedies, the public by criminal prosecution of the offender, and the private by civil action, may be prosecuted at the same time. 1 Bishop, Crim. Law, § 264. The act complained of in the complaint and set out in the affidavit for…
1Opinion of the CourtStart, C. J.
This action, and the one entitled Baxter v. Coughlin, supra, page 1, are one and the same. This is an appeal from an order dissolving an attachment issued therein upon the sole ground that “the plaintiff’s debt was fraudulently contracted.” The character of the plaintiff’s alleged cause of action is discussed and determined in the decision referred to.
The language of the statute (G. S. 1894, § 5289), allowing an attachment where “the plaintiff’s debt was fraudulently contracted,” is to be liberally construed, so as to include debts fraudulently created or incurred. Cole v. Aune, 40 Minn. 80,…
2Cases cited1 opinion
- Cole v. AuneSupreme Court of Minnesota · 1889
3Cited by3 opinions
- State ex rel. American Piano Co. v. Superior CourtWashington Supreme Court · 1919
- United States v. J. Tirocchi & Sons, Inc.District Court, D. Rhode Island · 1960
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1903