Hurni v. Johnson
Supreme Court of Minnesota
In the district court for Wilkin county plaintiff obtained a writ of attachment upon the affidavit mentioned at the beginning of the opinion. Defendant 'appearing specially moved to vacate the writ and the levies made 'thereunder, and his motion was granted, Flaherty, J. From the order vacating the writ and the levy thereunder, plaintiff appealed.
1Opinion of the CourtHolt, J.
The appeal is from an order vacating an attachment procured upon an affidavit stating that “defendant secreted, assigned 'and disposed of his property with the intent to hinder, delay and defraud his creditors.” The action was brought on two promissory notes whereon there was unpaid about $300, and on a count for money had and received amounting to $400. When the motion to vacate was made the one note had . been paid in full, and on the other there was unpaid about $75. Defendant claimed that nothing was due for money had and received, and that he 'had a claim against plaintiff for $800.
It is…
2Cases cited1 opinion
- Viers v. PerrySupreme Court of Minnesota · 1910
3Cited by2 opinions
- Clarke & Simmons, Inc. v. RuleSupreme Court of Minnesota · 1921
- Chalmers Motor Car Co. v. Midland Motors Co.Supreme Court of Minnesota · 1922