Legal Opinion

Kolars v. Brown

Supreme Court of Minnesota

Decided May 14, 1909No. Nos. 16,153—(90)PublishedCited by 11 opinions

Action in the district court for Le Sueur county. Plaintiff garnished George J. Dressel, as administrator of tbe estate of Minerva Brown, deceased, on December 17, 1907. On February 25, 1908, plaintiff recovered judgment against defendant for $201. B. O. Hughes, judgment creditor of defendant since December 7, 1903, filed his complaint in intervention as claimant of the fund in the administrator’s possession.

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Action in the district court for Le Sueur county. Plaintiff garnished George J. Dressel, as administrator of tbe estate of Minerva Brown, deceased, on December 17, 1907. On February 25, 1908, plaintiff recovered judgment against defendant for $201. B. O. Hughes, judgment creditor of defendant since December 7, 1903, filed his complaint in intervention as claimant of the fund in the administrator’s possession. Plaintiff’s motion for judgment against the garnishee for $138.90, based upon the garnishee’s disclosure, was denied,, Morrison, J., and judgment ordered in favor of the intervener. From…

1Opinion of the CourtElliott, J.

On September 22, 1901, Minerva Brown died intestate, leaving-certain real estate in the county of Le Sueur, Minnesota. An administrator was not appointed until April 10, 1906. On December 7, 1903, B. C. Hughes recovered a judgment in the district court *61of Le Sueur county against William W. Brown, who was the son 'and one of the heirs of Minerva Brown. It became necessary to sell the real estate for the purpose of paying the debts of the decedent and the expenses of administration. After these claims were paid, there remained of the proceeds of the sale the sum of $1,527.95, of which $138.90…

2Cases cited14 opinions

  1. Ackerman v. . GortonNew York Court of Appeals · 1876
  2. Hanson v. NygaardSupreme Court of Minnesota · 1908
  3. State ex rel. Beals v. Probate CourtSupreme Court of Minnesota · 1878
  4. Allen v. Trustees of Ashley School FundMassachusetts Supreme Judicial Court · 1869
  5. Culbertson v. CoxSupreme Court of Minnesota · 1882

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3Cited by11 opinions

  1. Hardenbergh v. Commissioner of Internal Revenue (Two Cases)Court of Appeals for the Eighth Circuit · 1952
  2. In re Estate of SanfordSupreme Court of Iowa · 1919
  3. Greenman v. McVeySupreme Court of Minnesota · 1914
  4. Cook v. Estate of ToddSupreme Court of Iowa · 1958
  5. Moore v. KernachanSupreme Court of Virginia · 1922

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