Legal Opinion

Wheeler v. Paterson

Supreme Court of Minnesota

Decided April 23, 1896No. Nos. 10,034-(257)Published

Appeal by defendant from a judgment of the district court for Martin county, in favor of plaintiff, entered in pursuance of the order of Severance, J.

1Opinion of the CourtStart, C. J.

This is an action of replevin, originally commenced in justice court, to recover possession of an office desk and an iron safe. Upon the return day of the writ, January 24, the plaintiff appeared and filed his complaint; but the defendant appeared specially, for the purpose only of objecting to the jurisdiction of the court, and moved to dismiss the action for the alleged reason that the court was without jurisdiction in the premises, because no valid replevin bond had been given. The justice *232denied the motion, and allowed the plaintiff until January 27, at 10 o’clock a. m., to furnish a…

2Cases cited6 opinions

  1. State ex rel. Supervisors of Otto v. AustinSupreme Court of Minnesota · 1886
  2. Smith v. VictorinSupreme Court of Minnesota · 1893
  3. Campbell v. RoteringSupreme Court of Minnesota · 1889
  4. Meister v. RussellSupreme Court of Minnesota · 1893
  5. Gale v. SeifertSupreme Court of Minnesota · 1888

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