Johnson v. Bray
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hen-nepin county, refusing a new trial. The action was tried, without a jury, by Koon, J., who found the following as facts, viz.: On February 21, 1884, the defendant, Bray, as sheriff of Sibley county, by virtue of a writ of attachment issued in an action against one George L. Zimmerman, levied upon and took into his possession certain personal property belonging to Zimmerman.
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Appeal by defendant from an order of the district court for Hen-nepin county, refusing a new trial. The action was tried, without a jury, by Koon, J., who found the following as facts, viz.: On February 21, 1884, the defendant, Bray, as sheriff of Sibley county, by virtue of a writ of attachment issued in an action against one George L. Zimmerman, levied upon and took into his possession certain personal property belonging to Zimmerman. On the same day Zimmerman made an assignment for the benefit of his creditors, under the provisions of Laws 1881, c. 148, to the plaintiff, Nils Johnson. This…
1Opinion of the CourtMitchell, J.
Laws 1881, c. 148, § 1, (insolvent law,) provides that “upon the making of such assignment [of all the debtor’s property as therein provided] all attachments * * * so made shall be dissolved upon the appointment and qualification of an assignee or receiver, and thereupon the officers shall deliver the property attached or levied upon to such assignee or receiver, unless the assignee shall, within five days after such assignment,” etc. We are of opinion that the effect of an assignment and the appointment and qualification of an assignee or receiver under this statute is ipso facto to dissolve…
2Cases cited5 opinions
- Butler v. WhiteSupreme Court of Minnesota · 1879
- Ohlson v. ManderfeldSupreme Court of Minnesota · 1881
- Bennett v. DennySupreme Court of Minnesota · 1885
- Tyler v. HanscomSupreme Court of Minnesota · 1881
- Ely v. TitusSupreme Court of Minnesota · 1869
3Cited by1 opinion
- Fairbanks v. WhitneySupreme Court of Minnesota · 1886