Legal Opinion

Lesher v. Getman

Supreme Court of Minnesota

Decided March 24, 1883PublishedCited by 28 opinions

Appeal by defendants (not including Getman) from an order of the district court for Dodge county, Buckham, J., presiding, refusing a new-trial, after trial by the court, a jury being waived. The caséis stated in the opinion. The court below did not acquire jurisdiction over these appellants.

Read the full summary

Appeal by defendants (not including Getman) from an order of the district court for Dodge county, Buckham, J., presiding, refusing a new-trial, after trial by the court, a jury being waived. The caséis stated in the opinion. The court below did not acquire jurisdiction over these appellants. The application to make them parties was made under Gen. St. 1878, c. 66, §§ 154, 155. This statute does not apply to a case like the present, the property, when taken, being in the possession of a third party. Barry v. McGrade, 14 Minn. 126, (163 ;) Butler v. White, 25 Minn. 432; Tyler v. Hanscom, 28…

1Opinion of the Court

Dickinson, J.*

Action in the nature of trover for conversion of a stock of merchandise, book-accounts, and other property.

One Hageman had been the owner of the property, but had transferred the property to this plaintiff by a general assignment for the benefit of creditors. The defendant Getman was sheriff of Dodge *323county. After the assignment from Hageman to Leshe.r, several actions were commenced against Hageman by his creditors, as follows: One by Harwood, one by Gotzian & Go., and one by Wyman & Mullen. Writs of attachment were .issued in these actions and delivered to the sheriff Getman,…

2Cases cited14 opinions

  1. Lovejoy v. MurraySupreme Court of the United States · 1866
  2. Herring v. . HoppockNew York Court of Appeals · 1857
  3. Davis v. Newkirk, Barker & YatesNew York Supreme Court · 1847
  4. Nelson v. CookIllinois Supreme Court · 1856
  5. Moore v. AppletonSupreme Court of Alabama · 1855

9 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Daugherty v. EllisWest Virginia Supreme Court · 1956
  2. Imre v. Riegel Paper Corp.Supreme Court of New Jersey · 1957
  3. Stadler v. First National BankMontana Supreme Court · 1899
  4. Law, Co. v. SmithUtah Supreme Court · 1908
  5. Cabell v. Hamilton Brown Shoe CompanyTexas Supreme Court · 1891

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API