Moss v. Pettingill
Supreme Court of Minnesota
This was an appeal from an order of tbe District Court of Ramsey County, dissolving a writ of injunction. The facts of the case are stated in the opinion of the Court. [The points and authorities of the Counsel for Appellant are not on file.] The following are the points and authorities relied on by Counsel for the Respondents : First. — The injunction was properly dissolved because it was not in the form prescribed by law, and was invalid as a writ for that reason and…
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This was an appeal from an order of tbe District Court of Ramsey County, dissolving a writ of injunction. The facts of the case are stated in the opinion of the Court. [The points and authorities of the Counsel for Appellant are not on file.] The following are the points and authorities relied on by Counsel for the Respondents : First. — The injunction was properly dissolved because it was not in the form prescribed by law, and was invalid as a writ for that reason and irregular. 1. It was not directed to any officer. 2. It was not returnable on the first day of the term succeeding its date,…
1Opinion of the Court
*219 .By the Gowrt
— Elandrau, J.
Where .a party recovers a judgment against several Defendants, parties to a promissory note, and levies upon property of one of the parties primarily liable sufficient to satisfy the judgment, and then releases the levy without the consent of those Defendants whose liability is only secondary, it will operate as a satisfaction of the judgment as against them. It is the same principle which we decided in the case of Willis vs. Davis, argued at the July term of this Court in 1859. There the creditor had come into the possession or control of property sufficient to…
2Cases cited4 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- People v. RichardsonNew York Supreme Court · 1825
- Hoyt v. HudsonNew York Supreme Court · 1815
- Genet v. MitchellNew York Supreme Court · 1810
3Cited by6 opinions
- Graves v. BonnessSupreme Court of Minnesota · 1906
- State Bank v. . SmithNew York Court of Appeals · 1898
- Bennett v. MortonSupreme Court of Minnesota · 1891
- Armstrong v. SanfordSupreme Court of Minnesota · 1862
- Tousley v. Board of EducationSupreme Court of Minnesota · 1888
1 more not listed; retrieve them via the Exa API.