Legal Opinion

Knight v. Nash

Supreme Court of Minnesota

Decided March 23, 1876PublishedCited by 7 opinions

Judgment having been entered in the district court for Uamsey county in favor of plaintiff and against defendant, and au execution on the judgment having been returned unsatisfied, an order for the examination of the defendant was granted on plaintiff’s application, pursuant to which .order the defendant was examined, and disclosed the facts stated in the opinion. Thereupon a receiver was appointed by order of Wilkin, J., from which order the defendant, appealed.

1Opinion of the CourtCornell, J.

The order appealed from herein is “ an order upon a summary proceeding in an action after judgment,” affecting a substantial right of the appellant, and is appealable under Gen. St. cli. 86, § 8.

The order for the examination of the judgment debtor was granted upon the motion of the attorney of the judgment creditor, based upon the files and records of the court in the action, and plaintiff’s affidavit, by which it was made .to appear that the requisite facts existed which authorized the issuing of the order under Gen. St. ch. 66, § 299. The point that the affidavit did not disclose the nature…

2Cited by7 opinions

  1. Riggin v. HillardSupreme Court of Arkansas · 1892
  2. Morgan v. RustSupreme Court of Georgia · 1897
  3. Dotterer v. BoweSupreme Court of Georgia · 1890
  4. Anderson v. MatthewsWyoming Supreme Court · 1899
  5. Roeller v. AmesSupreme Court of Minnesota · 1885

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