Kenney v. Goergen
Supreme Court of Minnesota
Action to recover possession of personal property. In his answer the defendant denied plaintiff’s ownership and alleged that he took the property as sheriff, by virtue of a writ of attachment in a suit by one Holloway against one Robert Kenney, a non-resident, who was the owner of it.
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Action to recover possession of personal property. In his answer the defendant denied plaintiff’s ownership and alleged that he took the property as sheriff, by virtue of a writ of attachment in a suit by one Holloway against one Robert Kenney, a non-resident, who was the owner of it. He also alleged that a few days before the note on which the attachment suit was brought became due, the plaintiff received the property from Robert Kenney, and that “the pretended sale” of the property “and transfer thereof by said Robert Kenney to said plaintiff was for the purpose of defrauding and hindering…
1Opinion of the CourtMitchell, J.
1. Appellant cites numerous authorities to the effect that, where a defendant is a non-resident who has not been •served with process, and who has not appeared in the action, it is the fact alone that he has property in the state subject to attachment-that enables the court to obtain jurisdiction. This is elementary, but it is not necessary to state that fact in the affidavit for attachment. The statute does not require it. Gen. St..1878, c. 66, § 147. Such an allegation would serve no good purpose, for the mere existence of property within the state does not give the court jurisdiction. The…
2Cases cited6 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Crowell v. LambertSupreme Court of Minnesota · 1864
- Tupper v. ThompsonSupreme Court of Minnesota · 1880
- Furman v. TennySupreme Court of Minnesota · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Howard v. HarringtonSupreme Judicial Court of Maine · 1916
- Silver Camp Mining Co. v. DickertMontana Supreme Court · 1904
- Curran v. NashSupreme Court of Minnesota · 1947
- Plummer v. HattonSupreme Court of Minnesota · 1892
- Bigelow v. ChattertonCourt of Appeals for the Eighth Circuit · 1892
14 more not listed; retrieve them via the Exa API.