Bacon v. Felthous
Supreme Court of Minnesota
In an action in the district court for Ramsey county against C. B. Towers, J. A. Felthous and J. C. Felthous were summoned in garnishment proceedings. From an order, William Louis Kelly, J., discharging the garnishees, plaintiffs appealed.
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In an action in the district court for Ramsey county against C. B. Towers, J. A. Felthous and J. C. Felthous were summoned in garnishment proceedings. From an order, William Louis Kelly, J., discharging the garnishees, plaintiffs appealed. The appellants, partners as the Bacon-Filkins Land Company, as residents of Minnesota, brought an action against Towers, a citizen and resident of Montana, upon whom personal service within the state was not obtained, and garnished Felthous, a citizen and resident of Minnesota, to attach money claimed to be owing by Felthous and his partner to Towers under…
1Opinion of the CourtElliott, J.
(after stating the facts as above).
The trial court properly discharged the garnishees. The process of garnishment does not change the rights of the parties, further than to transfer to the creditor the right of the defendant to proceed against' the garnishee for the collection of the debt due the principal ■defendant. The attaching creditor can' acquire no greater rights against the garnishee than had the principal debtor, and can occupy *391no better position with respect to the garnishee than could the principal defendant in a suit by him against the garnishee. Grimwood v. Capitol (R. I.) 65…
2Cases cited5 opinions
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- Goodwin v. . ClaytorSupreme Court of North Carolina · 1904
- Myer v. Liverpool, London & Globe InsuranceCourt of Appeals of Maryland · 1874
- H. A. Grimwood Co. v. Capitol Hill Bldg. & Const. Co.Supreme Court of Rhode Island · 1906
3Cited by16 opinions
- Northern National Bank v. Northern Minnesota National BankSupreme Court of Minnesota · 1955
- Knudson v. AndersonSupreme Court of Minnesota · 1937
- Security State Bank v. BrechtSupreme Court of Minnesota · 1921
- Carlson v. StaffordSupreme Court of Minnesota · 1926
- Nelson v. American Home Assurance Co.District Court, D. Minnesota · 2011
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