Scanlan v. Murphy
Supreme Court of Minnesota
Appeal by defendants Patrick E. Murphy and Mary A. Murphy, his wife, from an order of the District Court of Ramsey County, Brill, J., overruling their demurrer to the complaint.
Read the full summary
Appeal by defendants Patrick E. Murphy and Mary A. Murphy, his wife, from an order of the District Court of Ramsey County, Brill, J., overruling their demurrer to the complaint. The plaintiff, John M. Scanlan, complained that on July 13, 1888, the defendant Patrick E. Murphy, was owing him $64, and that a judgment was rendered thereon April 8, 1890, against Murphy' in the District Court of Ramsey county for $127.91 damages, and costs, and that the judgment was duly docketed April 18, 1890, and an execution issued and returned wholly unsatisfied. That on July 13, 1888, Murphy was insolvent,…
1Opinion of the CourtGilrillan, C. J.
Action to have a conveyance of real estate declared fraudulent and void as to plaintiff’s judgment, recovered against the grantor. On demurrer to the complaint the defendants claim that the action will not lie, because the plaintiff has, by proceedings supplementary to execution, an adequate remedy at law, and that those proceedings were intended to be substitute for such an action. In Banning v. Armstrong, 7 Minn. 40, (Gil. 24,) the na*538ture of the action was fully considered, and it was held that, as it is not in the nature of a creditors’ bill to discover assets, but one to remove an…
2Cases cited4 opinions
- Wadsworth v. SchisselbauerSupreme Court of Minnesota · 1884
- State ex rel. Brown v. FitzgeraldSupreme Court of Minnesota · 1892
- Rounds v. GreenSupreme Court of Minnesota · 1882
- Banning v. ArmstrongSupreme Court of Minnesota · 1862
3Cited by7 opinions
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Bennett v. BennettNebraska Supreme Court · 1902
- State ex rel. Brown v. FitzgeraldSupreme Court of Minnesota · 1892
- Franceschi v. FranceschiAppellate Court of Illinois · 1945
- Gobin v. Citizens State BankSupreme Court of Colorado · 1933
2 more not listed; retrieve them via the Exa API.