Legal Opinion

McKibbin v. Ellingson

Supreme Court of Minnesota

Decided July 13, 1894No. 8723PublishedCited by 5 opinions

Appeal by Edward H. Turner, Garnishee, from an order of the District Court of Ramsey County, Chas. D. Kerr, J., made February 2, 1894, sustaining plaintiff’s demurrer to his answer.

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Appeal by Edward H. Turner, Garnishee, from an order of the District Court of Ramsey County, Chas. D. Kerr, J., made February 2, 1894, sustaining plaintiff’s demurrer to his answer. On July 25, 1893, the plaintiffs, Joseph McKibbin and partners, brought this action against Swen Ellingson of Reynolds, N. Dak. upon six promissory notes made by him, and on October 7, 1893, obtained judgment against him for $741.36. At the time of the commencement of the action plaintiffs filed affidavit and a garnishee summons was issued to Edward H. Turner of Minneapolis requiring him to appear and answer…

1Opinion of the CourtGiufillan, C. J.

Plaintiffs brought an action on promissory notes, in Ramsey county, against Elling'son, and in that suit brought garnishee proceedings against Turner. • On the disclosure, the latter claimed title to the money or property sought to be reached. Thereupon the plaintiffs filed a supplemental complaint against the garnishee defendant, and he filed his answer thereto. The plaintiffs demurred to the answer, and from an order sustaining the demurrer the garnishee defendant appeals.

Upon the allegations of the complaint admitted by the answer, and those of the answer, these are the facts: Ellingson…

2Cases cited1 opinion

  1. Guerin v. HuntSupreme Court of Minnesota · 1861

3Cited by5 opinions

  1. Griswold v. MorrisonCalifornia Court of Appeal · 1921
  2. Thompson v. EllenzSupreme Court of Minnesota · 1894
  3. Gilbert v. Fosston Manufacturing Co.Supreme Court of Minnesota · 1927
  4. Holt v. SimsSupreme Court of Minnesota · 1905
  5. Galbraith v. KlineDistrict Court, D. Montana · 1925

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