Hinkley v. St. Anthony Falls Water Power Co.
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE HENNEPIN COUNTY. Points and authorities for Appellant. I. The garnishee summons is process within the meaning of sec. 14, of art. 6, of the Constitution; 5 Gilm., (III. B.) 100; see. 3, ch. 70, Laws of 1860; sec. 5, ch. 84, Comp. Sis.; 5 Minot., 847 ; 2 Comyn's Dig., brief A; 2 List., 40. II. The existence of certain facts and their proofs by affidavit are necessary to confer jurisdiction to issue the summons.
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APPEAL EROM THE DISTRICT COURT OE HENNEPIN COUNTY. Points and authorities for Appellant. I. The garnishee summons is process within the meaning of sec. 14, of art. 6, of the Constitution; 5 Gilm., (III. B.) 100; see. 3, ch. 70, Laws of 1860; sec. 5, ch. 84, Comp. Sis.; 5 Minot., 847 ; 2 Comyn's Dig., brief A; 2 List., 40. II. The existence of certain facts and their proofs by affidavit are necessary to confer jurisdiction to issue the summons. Sec. 1, art. 5, Const, of Minn.; Morrison vs. Lovejoy, 6 Minoi., 188. III. The garnishee summons is in effect the process of the court, and in…
1Opinion of the Court
By the Court
Flandrau, J.
Judgment was obtained against the St. Anthony Falls Water Power Company by Hinldey and Egery, on the 3d day of October, 1861, in the District Court of Hennepin County. In this action W. D. Washburn appeared as the attorney for the Plaintiffs. On the 22d day of October, 1862, more than a year after the entry of this judgment, garnishee proceedings were commenced against D. Morrison & Co., by the Plaintiffs. In these proceedings Messrs. F. R. E. & W. B. Cornell, appeared as the attorneys for the Plaintiff's. The first objection made by the Appellant is, that this…
2Cases cited5 opinions
- Walradt v. MaynardNew York Supreme Court · 1848
- Thorp v. FowlerNew York Supreme Court · 1826
- Morrison v. LovejoySupreme Court of Minnesota · 1861
- Pierse v. SmithSupreme Court of Minnesota · 1852
- Prince v. HeenanSupreme Court of Minnesota · 1861
3Cited by8 opinions
- Berthold v. FoxSupreme Court of Minnesota · 1874
- Hooker v. Village of BrandonWisconsin Supreme Court · 1889
- Hanna v. RussellSupreme Court of Minnesota · 1866
- Juneau Spruce Corp. v. International Longshoremen's & Warehousemen's UnionDistrict Court, D. Hawaii · 1955
- Garland v. Sperling Bros.New Mexico Supreme Court · 1892
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