Legal Opinion

Prince v. Heenan

Supreme Court of Minnesota

Decided July 15, 1861PublishedCited by 2 opinions

APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. Points and Authorities of Appellant. First. — The affidavit upon which tbe garnishee summons issued should state the ground specifically upon which the garnishee is sought to he charged — whether as debtor or as. the possessor of property, money or effects. It is insufficient if it seeks to charge the garnishee in the alternative.

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APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. Points and Authorities of Appellant. First. — The affidavit upon which tbe garnishee summons issued should state the ground specifically upon which the garnishee is sought to he charged — whether as debtor or as. the possessor of property, money or effects. It is insufficient if it seeks to charge the garnishee in the alternative. Drake on, Attachments, sec. 108, page 108. Second. — It was incompetent and error in the Court to receive testimony or evidence “ aliunde the disclosure upon the hearing of the motions for leave to file a supplemental…

1Opinion of the Court

By the Gouri

Atwater, J.

An action was commenced in the District Court of Ramsey County, by the Respondent, against Nicholas Hendy, and a garnishee summons founded upon the usual, affidavit, issued "against John S. Prince, requiring him to appear and disclose as to his indebtedness, &c. to Defendant Hendy. The garnishee appeared in obedience to the summons, and the cause was referred to James Gilñllan, Esq., to take the disclosure and examination on oath of the garnishee, and report the same to the Court. At the hearing before the referee, a motion was made on the part of the garnishee, to…

2Cited by2 opinions

  1. Hinkley v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1864
  2. Hinds v. FagebankSupreme Court of Minnesota · 1864

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