Carpenter v. Bodkin
Supreme Court of Minnesota
Action brought in the district court for Clay county to recover damages for the taking and detention of a buggy, alleged to be plaintiff’s property, and taken by defendant, as sheriff, from the possession of one Gallup by virtue of a writ of attachment issued in an action on a foreign judgment against Gallup. At the trial, before Collins, J., and a jury, the plaintiff had a verdict. A new trial was refused and judgment entered, from which the defendant appeals.
1Opinion of the CourtGileillan, C. J.
Three objections seem to be taken to the affidavit of claim to the property served, on behalf of plaintiff, on the defendant :
I. It does not state the ground of plaintiff’s right or title to the property. It states that plaintiff is the owner. This is a sufficient state*184ment of the ground of title or right to the possession. If the right to the possession were claimed on anything less than the absolute ownership, it might be necessary to state the grounds of the claim with more particularity; but, where the claimant claims to be owner, we do not think the statute intended to require of him to…
2Cited by2 opinions
- Aber v. TwichellNorth Dakota Supreme Court · 1908
- Kroll v. MoritzSupreme Court of Minnesota · 1910