Shaw v. Robertson
Supreme Court of Minnesota
This action was commenced in the District Court for Eamsey County; issue was joined and upon a trial a verdict was rendered in favor of plaintiff. The cause comes to this Court, by appeal from an order denying a motion for a new trial. A sufficient statement of the case will be found in the opinion of the Court.
1Opinion of the Court
*446 By the Cov/rt
Berry, J.
This is an action of claim and delivery. The respondent, who was plaintiff below, claimed title to the goods replevied by him through a sale from one E. B. West, and introduced evidence tending to establish such sale. The appellant, as Sheriff, justified the tailing under the levy of an execution against said West, and for the purpose of showing that the alleged sale was fraudulent, projiosed to give in evidence certain declarations of West, the plaintiff’s vendor. In the language of the bill of exceptions, the offer was “to prove declarations of E. B. West, the vendor,…
2Cited by2 opinions
- Hathaway v. BrownSupreme Court of Minnesota · 1872
- Blackman v. WheatonSupreme Court of Minnesota · 1868