Trunkey v. Crosby
Supreme Court of Minnesota
Plaintiffs, having commenced an action in the municipal court of St. Paul against one Vaughan, duly garnished S. P. Crosby, whose disclosure was regularly taken.
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Plaintiffs, having commenced an action in the municipal court of St. Paul against one Vaughan, duly garnished S. P. Crosby, whose disclosure was regularly taken. Thereupon the plaintiffs, upon leave of the court, filed a supplemental complaint against the garnishee, alleging that, at the time of the garnishment, the garnishee had in his possession a note for the sum of $500, made by one Morgan to the defendant Vaughan, which the defendant had given to the garnishee for safe-keeping and collection; that the garnishee had collected the sum of $100 on the note, and claims a lien on the note and…
1Opinion of the Court
Gtlfillan, O. J.
In the action against Yaughan, proceedings in garnishment were commenced against Crosby. On a disclosure, the latter denied any indebtedness to or the possession or control of any property, money, or effects of the defendant. Thereupon the plaintiffs, on notice to the defendant and the garnishee defendant, applied for and obtained leave to file and serve, and did file and serve, a supplemental complaint. The notice of application for leave, and also the supplemental complaint, were not served personally on the defendant, but instead were served on Crosby, the garnishee, who…
2Cases cited1 opinion
- Simonton v. First National BankSupreme Court of Minnesota · 1877
3Cited by4 opinions
- Rye v. PhillipsSupreme Court of Minnesota · 1938
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Wipperman Mercantile Co. v. JacobsonSupreme Court of Minnesota · 1916
- Hansen v. WilmersSupreme Court of Minnesota · 1925