Legal Opinion

Brown v. Matthaus

Supreme Court of Minnesota

Decided January 15, 1869PublishedCited by 3 opinions

The plaintiffs, who are judgment creditors of the defendant August Matthaus, brought this action in the Court of Common Pleas, Pamsey County, to have their judgment declared a chai'ge upon certain indebtedness, which they allege the defendant August had transferred to his wife in fraud of their rights. The cause ivas tried before the Court without a jury.

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The plaintiffs, who are judgment creditors of the defendant August Matthaus, brought this action in the Court of Common Pleas, Pamsey County, to have their judgment declared a chai'ge upon certain indebtedness, which they allege the defendant August had transferred to his wife in fraud of their rights. The cause ivas tried before the Court without a jury. The facts as found by the Court are substantially as follows: On the 18th day of January, 1868, the plaintiffs under the firm name of ITetchum & Co., recovered judgment against August Matthaus for $208.46, and execution was duly issued…

1Opinion of the Court

*211 By the Court

BeRRY, J.

It appears from tbe finding in tins case, that on tbe 18tb day of January, 1868, tbe plaintiffs recovered judgment against tbe defendant August Mat-thaus for §280.16; that an execution bas been duly issued thereupon, and returned unsatisfied, and that said August bas no property out of which said judgment can be made except tbe notes sought to be reached by this action. Without entering into details, it is enough to say that there is no difficulty in deducing from the facts found, the conclusion arrived at by the Court below, substantially, to wit: that August Matthaus…

2Cited by3 opinions

  1. City Water Power Co. v. City of Fergus FallsSupreme Court of Minnesota · 1910
  2. Keystone Manufacturing Co. v. ForsythMichigan Supreme Court · 1900
  3. Loan Association v. . FerrellSupreme Court of North Carolina · 1894

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