Rossiter v. Minnesota Bradner-Smith Paper Co.
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for St. Louis county, Start, J., presiding, (acting for the judge of the 11th district,) overruling a demurrer to the complaint.
1Opinion of the Court
Dickinson, J.1
The complaint demurred to sets forth, as a cause of action, the suing out and the levy of a writ of attachment against the plaintiffs’ property, maliciously and without probable cause. It also embraces a cause of action for the abuse of such legal process, in that, while levying upon certain personal property under the writ, the defendants, conspiring to injure the plaintiffs and destroy their business, unnecessarily caused other property of the plaintiffs, which was by law exempt from levy, to be locked up, and the plaintiffs to be excluded from their place of business. So far…
2Cases cited3 opinions
- Page v. CushingSupreme Judicial Court of Maine · 1854
- Pixley v. ReedSupreme Court of Minnesota · 1879
- Swensgaard v. DavisSupreme Court of Minnesota · 1885
3Cited by9 opinions
- Hoppe v. KlapperichSupreme Court of Minnesota · 1947
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
- Dixon v. Smith-Wallace Shoe Co.Illinois Supreme Court · 1918
- Rachelman v. SkinnerSupreme Court of Minnesota · 1891
- Gaines v. MaloneSupreme Court of Alabama · 1943
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