King v. Carroll-Porter Boiler & Tank Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $7,565.24 for work and labor performed. The First National Bank of Duluth was garnished. From an order, Cant, J., discharging the garnishee, plaintiffs appealed. It is the duty of the claimant to appear and maintain its rights, and not that of the garnishee or of the court to maintain them for it without proper evidence. Smith v. Barclay, 54 Minn. 47: North Star B. & S. Co. y.
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Action in the district court for St. Louis county to recover $7,565.24 for work and labor performed. The First National Bank of Duluth was garnished. From an order, Cant, J., discharging the garnishee, plaintiffs appealed. It is the duty of the claimant to appear and maintain its rights, and not that of the garnishee or of the court to maintain them for it without proper evidence. Smith v. Barclay, 54 Minn. 47: North Star B. & S. Co. y. Ladd, 32 Minn. 381. The plaintiff is entitled to a trial of the ownership of the funds in the hands of the garnishee in the ordinary way. To discharge the…
1Opinion of the Court
COLLINS, J.1
The main facts in this case are that, in an action for the recovery of money brought by plaintiffs against defendant corporation, which for convenience we will call the “Tank Company,” doing business in Pittsburg, Pennsylvania, an affidavit of garnishment was filed, and a garnishee summons duly served upon the First National Bank of Duluth.
On March 17, 1898, the bank appeared by its cashier, and made disclosure; plaintiffs’ attorneys having filed an affidavit of the non-residence of the Tank Company. From this disclosure it appeared that when the garnishee summons was served the…
2Cases cited6 opinions
- In re State BankSupreme Court of Minnesota · 1894
- Security Bank v. Northwestern Fuel Co.Supreme Court of Minnesota · 1894
- Brusegaard v. Ueland.Supreme Court of Minnesota · 1898
- Smith v. BarclaySupreme Court of Minnesota · 1893
- Board of County Commissioners v. NelsonSupreme Court of Minnesota · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lincoln National Bank v. MurphySupreme Court of Minnesota · 1922