Lewis v. Buck
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OF RAMSEY COUNTY. I. — Defendant’s right to judgment for a return or the value does not follow of course upon bis right to j udgment. Defendant in replevin may have judgment without being enti-tied to a return. The statutes (Oomp. Slat. 566, Seo. 10), provide that “if the property have been delivered to the Plaintiff' and the Defendant claim a return thereof, judgment for the Defendant may be for a return of the property or its value.”
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APPEAL PROM THE DISTRICT COURT OF RAMSEY COUNTY. I. — Defendant’s right to judgment for a return or the value does not follow of course upon bis right to j udgment. Defendant in replevin may have judgment without being enti-tied to a return. The statutes (Oomp. Slat. 566, Seo. 10), provide that “if the property have been delivered to the Plaintiff' and the Defendant claim a return thereof, judgment for the Defendant may be for a return of the property or its value.” The language is not imperative, that the judgment shall be for a return, etc.; but only enabling, that it may be for such…
1Opinion of the Court
By the Oourt
Atwateb, J.
The Plaintiff Lewis brought an action of replevin, alleging title and right of possession in the Plaintiff', and a wrongful taking and detention by the Defendant. The answer denies the - allegation as to title and right of possession, and then alleges, that Defendant, being United States Marshal, and having in his hands a writ of attachment from the United States District Court against one Edmund W. Lewis, levied upon the property as the property of said Edmund W., and demands judgment for a return or the value of the property. There was no reply. .
On these pleadings,…
2Cases cited3 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Ableman v. BoothSupreme Court of the United States · 1859
- James L. v. CarrylSupreme Court of the United States · 1858
3Cited by18 opinions
- Haines v. Lone Star Shipbuilding Co.Supreme Court of Pennsylvania · 1920
- Berthold v. HolmanSupreme Court of Minnesota · 1867
- Schultz v. SroelowitzIllinois Supreme Court · 1901
- Blumenthal v. JassoySupreme Court of Minnesota · 1882
- Scott v. AustinSupreme Court of Minnesota · 1887
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