Legal Opinion

Merrit v. City of St. Paul

Supreme Court of Minnesota

Decided January 15, 1866PublishedCited by 3 opinions

This action was brought to recover of the defendants the sum of $1,000 and interest. The complaint alleges that the defendant, the City of St. Paul, by its attorney, the defendant Horn, commenced an action in the District Court for Bamsey county against the plaintiff on the 30th June, 1859, for the recovery of $800 and interest, and applied to the clerk of said court, and obtained from him a warrant of attachment against the property of the plaintiff; that said warrant was…

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This action was brought to recover of the defendants the sum of $1,000 and interest. The complaint alleges that the defendant, the City of St. Paul, by its attorney, the defendant Horn, commenced an action in the District Court for Bamsey county against the plaintiff on the 30th June, 1859, for the recovery of $800 and interest, and applied to the clerk of said court, and obtained from him a warrant of attachment against the property of the plaintiff; that said warrant was issued from said court under the seal thereof, and was, in all respects, in due and regular form, and properly…

1Opinion of the Court

By the Oou/rt

Berry, J.

It has heretofore been decided by this court, that a warrant of attachment issued by a clerk, without an allowance thereof hy a judge, is unauthorized, and so far as parties situated as these appellants are concerned, void. Morrison v. Lovejoy, 6 Minn. 183; Zimmerman v. Lamb, 7 Ib. 423; Guerin v. Hunt, 8 Minn. 487.

It follows that the appellants who instructed the sheriff to make the particular levy complained of, under the warrant in question, acted without authority or justification, and were, therefore, trespassers. Kerr v. Mount, 28 N. Y. 665. The demurrer was rightly…

2Cases cited1 opinion

  1. Morrison v. LovejoySupreme Court of Minnesota · 1861

3Cited by3 opinions

  1. Braley v. ByrnesSupreme Court of Minnesota · 1874
  2. Burgmeier v. BjurCourt of Appeals of Minnesota · 1995
  3. Burgmeier v. BjurCourt of Appeals of Minnesota · 1995

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