Legal Opinion

Meister v. Russell

Supreme Court of Minnesota

Decided April 24, 1893PublishedCited by 5 opinions

Appeal by defendant, Peter P. Swenson, from a judgment of the District Court of Hennepin County, William Lochren, J., entered November 30, 1892. The plaintiffs Alvin A. Meister and Seymour L. Meister, of La Crosse, Wis., commenced this action July 28, 1892, in the court of a Justice of the Peace, against R. P. Russell and Peter P. Swenson, to recover the possession of an iron safe, a letter-press, and a show case, taken by Swenson, as sheriff, on a writ of execution against…

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Appeal by defendant, Peter P. Swenson, from a judgment of the District Court of Hennepin County, William Lochren, J., entered November 30, 1892. The plaintiffs Alvin A. Meister and Seymour L. Meister, of La Crosse, Wis., commenced this action July 28, 1892, in the court of a Justice of the Peace, against R. P. Russell and Peter P. Swenson, to recover the possession of an iron safe, a letter-press, and a show case, taken by Swenson, as sheriff, on a writ of execution against the property of their father, S. A. Meister, who was managing the St. Charles Hotel in Minneapolis. The property was…

1Opinion of the CourtGiletllan, C. J.

This is an action in replevin, commenced before a justice of the peace, and, after judgment for plaintiff, removed to the district court by appeal on questions of law alone.

The defendant answered before the justice without making the *56objection made here, to wit, that the writ was not served by the proper officer; so it was waived.

The complaint alleged the value of the property at $90. This was put in issue, and the justice found it to be $92, and, the property not having been delivered to plaintiff, entered judgment in his favor for the return of the property, and, in case a return could not…

2Cases cited1 opinion

  1. Cour v. CowderySupreme Court of Minnesota · 1893

3Cited by5 opinions

  1. Smith v. VictorinSupreme Court of Minnesota · 1893
  2. Iowa Guarantee Mortgage Corp. v. KingerySupreme Court of Minnesota · 1930
  3. Thorson v. SaubySupreme Court of Minnesota · 1897
  4. Cour v. CowderySupreme Court of Minnesota · 1893
  5. Wheeler v. PatersonSupreme Court of Minnesota · 1896

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