Legal Opinion

Blackman v. Wheaton

Supreme Court of Minnesota

Decided July 15, 1868PublishedCited by 16 opinions

This action was brought in the District Court for Steele county, and was tried before a jury. A number of exceptions were taken to the rulings of the Court below during the trial, before the charge to the jury, which with the issues joined in the action are fully stated in the opinion of the Court.

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This action was brought in the District Court for Steele county, and was tried before a jury. A number of exceptions were taken to the rulings of the Court below during the trial, before the charge to the jury, which with the issues joined in the action are fully stated in the opinion of the Court. At the close of the testimony, the plaintiff submitted the following propositions of law, and asked the Court to give them in charge to the jury: 1. • “ That the only issue presented under the pleadings in this case, is, whether or not the transfer from Hempel to Blackman, was made in, trust for…

1Opinion of the CourtMcMillan, J.

By the Court Upon the trial of this cause the plaintiff’s counsel moved that the action be tried by the Court, on the ground that the only issue was an equitable one; the Court denied the motion, and directed a trial by jury. The action is in the nature of replevin; the answer admits the taking of the goods, but alleges that the defendant, as sheriff, by' virtue of certain attachments against one *330E. L. Hempel, took the goods as the property of said Hempel ; that the plaintiff’s only title to the goods is under a deed of assignment from said Hempel, which the answer alleges “was and is…

2Cases cited2 opinions

  1. Dodge v. RogersSupreme Court of Minnesota · 1864
  2. Shaw v. RobertsonSupreme Court of Minnesota · 1867

3Cited by16 opinions

  1. Finn v. Alliance BankSupreme Court of Minnesota · 2015
  2. Hathaway v. BrownSupreme Court of Minnesota · 1872
  3. United States v. SteenersonCourt of Appeals for the Eighth Circuit · 1892
  4. In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
  5. Finn v. Alliance BankCourt of Appeals of Minnesota · 2013

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