Tullis v. Brawley
Supreme Court of Minnesota
This was an. appeal from an order of the District Court of Hennepin County, denying- a motion for a new trial. The tacts are substantially stated in tbe opinion of the Court. The record contains a Bill of Exceptions, The following are the points and authorities relied upon by the Counsel for the Appellant: First. — The Court below erred in admitting in evidence the “return” of the Sheriff, for the purpose for which it was offered, or for any purpose.
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This was an. appeal from an order of the District Court of Hennepin County, denying- a motion for a new trial. The tacts are substantially stated in tbe opinion of the Court. The record contains a Bill of Exceptions, The following are the points and authorities relied upon by the Counsel for the Appellant: First. — The Court below erred in admitting in evidence the “return” of the Sheriff, for the purpose for which it was offered, or for any purpose. The return was prima facie evidence that the same is correct, and that the service has been rendered. Stat. of Mm., p. 591, Sec. 22. It showed a…
1Opinion of the Court
By the Court
— Emmett, C. J.
The Defendant was lately Sheriff of the county of Ramsey, and as such had sold at public *284auction, to satisfy an execution then in his hands for collection, certain book accounts, or debts due on account, belonging to one Reuben Rail, the Defendant in the execution. The Plaintiff was the purchaser, at the Sheriff’s sale, and commenced this action in the county of Hennepin to recover back the purchase money paid. •
The complaint alleges that the Defendant pretended that he had duly levied upon said debts, or book accounts, and had good right to sell the same, whereas…
2Cited by13 opinions
- Stewart v. StewartWest Virginia Supreme Court · 1885
- In re Ellis' EstateSupreme Court of Minnesota · 1893
- Smoot v. JuddSupreme Court of Missouri · 1904
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Goddard v. HarbourSupreme Court of Kansas · 1896
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