Tullis v. Orthwein
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and. authorities of Appellant: I. — The taking by the Sheriff was lawful, for under Secs. 103 and 104, page 571, of the Compiled Statutes, a Sheriff making a levy upon property of that class or species has the right to take possession of and keep the property certainly for a reasonable time, in order to make an inventory of the whole of the property, and to cause the same to be appraised, and the articles to be exempted…
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APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and. authorities of Appellant: I. — The taking by the Sheriff was lawful, for under Secs. 103 and 104, page 571, of the Compiled Statutes, a Sheriff making a levy upon property of that class or species has the right to take possession of and keep the property certainly for a reasonable time, in order to make an inventory of the whole of the property, and to cause the same to be appraised, and the articles to be exempted selected by the j udgment debtor. H. — The taking being lawful, the possession was so unless the Defendant in the…
1Opinion of the Court
By the Qowt.
Atwatbe, J.
This was an action of replev-in, for the recovery of certain printing materials, of which Plaintiff claimed tbe right of possession and alleged that tbe Defendants wrongfully detained the same. Tbe Defendants, (who were tbe Sheriff and deputy Sheriff of Ramsey County) justified the taking under a judgment and execution against Orthwein. The cause was referred to W. Wilkin, Esq., who reported in favor of the Plaintiff, upon which report judgment was entered for a return of the property, or the value. Erom this judgment the Defendants appeal to this Court.
No question is…
2Cited by3 opinions
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