Morrison v. Lovejoy
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF HENNEPIN COUNTY. The appeal in this action is brought from an order granted by his Honor, Thos. Wilson, acting Judge of the District' Court, Fourth Judicial District, Hennepin County, denying a motion made by the Defendants in the Court below to vacate and set aside a writ of attachment. The writ was allowed by the Clerk of the District Court, upon the following affidavit issued therein: Hennepin County, ss.
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APPEAL FROM THE DISTRICT COURT OF HENNEPIN COUNTY. The appeal in this action is brought from an order granted by his Honor, Thos. Wilson, acting Judge of the District' Court, Fourth Judicial District, Hennepin County, denying a motion made by the Defendants in the Court below to vacate and set aside a writ of attachment. The writ was allowed by the Clerk of the District Court, upon the following affidavit issued therein: Hennepin County, ss. Jared S. Demon being duly sworn, deposes and says that he is an attorney for the Plaintiffs in the above entitled action; that a cause of action exists…
1Opinion of the Court
By the Court —
Elandrau, J.
— Section 142, page 550 of the Compiled Statutes, so far as it authorizes the clerks of the District Courts to allow warrants of attachment, is in conflict with Section 1 of Article 6 of the State Constitution. The allowance of the warrant is a judicial act; it involves the examination of proofs and a decision thereon, and is final until set aside by the Court. It is not done subject to the approval of the Court, and requires no confirmation to perfect it.
It is sufficient to state in the affidavit that a cause of action exists against the Defendants, the amount of…
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