Kingman v. Barton
Supreme Court of Minnesota
Replevin against defendant, sheriff of Rice county, for certain goods taken into his possession under two executions and a writ of attachment. The case was tried by Lord, J., without a jury, in the district court for Rice county, and judgment was entered for plaintiff by order of the court.
Read the full summary
Replevin against defendant, sheriff of Rice county, for certain goods taken into his possession under two executions and a writ of attachment. The case was tried by Lord, J., without a jury, in the district court for Rice county, and judgment was entered for plaintiff by order of the court. The defendant thereupon appealed. cited Julian v. Rathbone, 39 3ST. T. 369 argued that in Julian v. Rathbone the execution was delivered to the sheriff before either inventory or bond had been filed, and that in New York such execution was a lien upon personal property from the time of its delivery; that…
1Opinion of the Court
Gileillan, C. L
One Harare made, acknowledged, and, on August 14, 1876, filed in the office of the clerk of the district court in the county of Eice an assignment of his property to plaintiff, in trust for the benefit of his creditors. On the 21st, he filed the inventory required by the act of 1876; on the 30th, the bond of the assignee, required by the act, was approved by the judge of the court, and, on September 4th, was filed in the office of the clerk, and the plaintiff took possession of the property. After this the defendant, as sheriff of Eice county, took the property from plaintiff…
2Cases cited1 opinion
- Juliand v. . RathboneNew York Court of Appeals · 1868
3Cited by9 opinions
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Wright v. LeeSouth Dakota Supreme Court · 1893
- In re MannSupreme Court of Minnesota · 1884
- Swart v. ThomasSupreme Court of Minnesota · 1879
- Haben v. HarshawWisconsin Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.