Williams v. McGrade
Supreme Court of Minnesota
The plaintiff in this action, which was brought in the District Court for Carver county, alleged the wrongful taking and detention by defendant, of 290 sheep, and 118 lambs, the property of the plaintiff, and demanded their return with damages.
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The plaintiff in this action, which was brought in the District Court for Carver county, alleged the wrongful taking and detention by defendant, of 290 sheep, and 118 lambs, the property of the plaintiff, and demanded their return with damages. The defendant after pleading exemption from service of process under statute, in relation to which the case is fully stated in the opinion of the Court, justified the taking, alleging that he took the same as sheriff of said county, by his deputy, Win. Cressey, under certain executions duly issued out of said court against one Henry H. Williams, and…
1Opinion of the CourtBerry, J.
By the Court -In this case the defendant sets up as an answer to the complaint that “ at and long prior to the accruing of the plaintiff’s supposed cause of action, he was and still is * * * * * engaged in the military service of the United States” as a 1st lieutenant of cavalry, and he insists that the plaintiff’s remedy against him is “ suspended by the act of March 2, 1865.” Section 1 of this act provides that officers of the defendant’s alleged rank shall be “ exempt from service of all civil process ” during their military service. The Legislature have not declared the service of process…
2Cited by9 opinions
- Rowell v. OlesonSupreme Court of Minnesota · 1884
- Brunswick-Balke Collender Co. v. BoutellSupreme Court of Minnesota · 1890
- Clay, Robinson & Co. v. MartinezSupreme Court of Colorado · 1923
- Bowers v. WhitneySupreme Court of Minnesota · 1902
- Peterson v. HomanSupreme Court of Minnesota · 1890
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