Berg v. Baldwin
Supreme Court of Minnesota
This action was brought in the municipal court of Moorhead, to recover the value of two young oxen, alleged to have been taken and converted by defendants. The complaint prayed for judgment for $150, claiming treble damages. The answer justified the taking under a writ of execution against plaintiff.
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This action was brought in the municipal court of Moorhead, to recover the value of two young oxen, alleged to have been taken and converted by defendants. The complaint prayed for judgment for $150, claiming treble damages. The answer justified the taking under a writ of execution against plaintiff. The action was tried by the court, which held that the oxen were exempt from execution and were of the value of $80, and ordered judgment for plaintiff for $150, —the full amount prayed for, — which was entered. Defendants appeal from the judgment and from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
Action for wrongfully and unlawfully taking and converting “two young oxen.” The defendants justify the taking-under an execution issued on a judgment against plaintiff and in favor of defendant Shove, and delivered for service to defendant Baldwin as constable.
1. The first question is whether the property was exempt. The. court finds “that plaintiff was a farmer living on a government homestead; that the plaintiff, at the time of said levy, neither possessed nor owmed any horses or mules, or oxen, or any team whatever, except the pair of steers levied on, and that they were raised and kept…
2Cases cited4 opinions
- Dow v. SmithSupreme Court of Vermont · 1835
- Mallory v. BerrySupreme Court of Kansas · 1876
- Freeman v. CarpenterSupreme Court of Vermont · 1838
- Mundell v. HammondSupreme Court of Vermont · 1868
3Cited by25 opinions
- Nichols v. StateIndiana Supreme Court · 1891
- Panuska v. Johnson (In Re Johnson)United States Bankruptcy Court, D. Minnesota · 1987
- American Computer Trust Leasing v. Jack Farrell Implement Co.District Court, D. Minnesota · 1991
- State v. EndSupreme Court of Minnesota · 1950
- Kerst v. NelsonSupreme Court of Minnesota · 1927
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