Orr v. Box
Supreme Court of Minnesota
Action for the wrongful taking and conversion of certain personal property of plaintiff, a portion of which, it is claimed, was exempt from execution.
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Action for the wrongful taking and conversion of certain personal property of plaintiff, a portion of which, it is claimed, was exempt from execution. Defence, that the property was taken by defendant, as sheriff of Wabasha county, under and by virtue of certain writs of execution, issued out of a justice’s court, on judgments against the plaintiff, and was duly sold to satisfy such executions; and, as to the property claimed to be exempt, that the defendant had absconded from the state, with intent to defraud his creditors, and was not, at the time of the taking, a resident of the state, and…
1Opinion of the CourtCornell, J.
No point is made but that the execution, under and by virtue of which the officer acted in seizing and selling the property in question, was regular on its face, and appeared to have been issued upon a judgment rendered by a court of competent jurisdiction as respected the subject-matter of the action, and did not disclose any want of jurisdiction in respect to the person of the defendant therein. This was a full protection to the officer executing the process, whether in fact the justice ever acquired jurisdiction over the person of the defendant or not. Savacool v. Boughton, 5 Wend. 170.…
2Cases cited1 opinion
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by9 opinions
- Robinette v. PriceSupreme Court of Minnesota · 1943
- Grimestad v. LofgrenSupreme Court of Minnesota · 1908
- Whitney v. WelnitzSupreme Court of Minnesota · 1922
- Ingraham v. BootonSupreme Court of Minnesota · 1912
- Thompson v. PetersonSupreme Court of Minnesota · 1913
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