Wheaton v. Thompson
Supreme Court of Minnesota
Judgment was recovered in this action in the district court of Steele county, against the defendants, from which they appeal. To the statement of the case contained in the opinion, it is only necessary to add that, prior to the commencement of the replevin suit therein mentioned, the plaintiff had attached the ’goods of Blackman upon two writs of attachment issued in suits brought by Philip Wadsworth & Co. and by Rosenthal Brothers against Hempel.
Read the full summary
Judgment was recovered in this action in the district court of Steele county, against the defendants, from which they appeal. To the statement of the case contained in the opinion, it is only necessary to add that, prior to the commencement of the replevin suit therein mentioned, the plaintiff had attached the ’goods of Blackman upon two writs of attachment issued in suits brought by Philip Wadsworth & Co. and by Rosenthal Brothers against Hempel. At the trial of the replevin suit these writs we-e offered in evidence, but were excluded by the court. Wadsworth & Co. and Rosenthal Brothers were…
1Opinion of the Court
*198 By the Court.
Berry, J.
One Hempel, being owner of a stock of goods, assigned the same for the benefit of his creditors to Blackman. By virtue of sundry writs of attachment against Hempel, the plaintiff as sheriff of the county of Steele, levied upon the goods and took them from Blackman’s possession. Blackman in an action of claim and delivery retook the goods from plaintiff; the defendants, with others, executing the bond required by statute in such cases, conditioned for a return of the property if a return was adjudged, and for the payment by Blackman of such sum as might for anj' cause be…
2Cases cited3 opinions
- Keighler v. Savage Manufacturing Co.Court of Appeals of Maryland · 1858
- La Crosse & Minnesota Steam Packet Co. v. RobertsonSupreme Court of Minnesota · 1868
- Paddock v. PalmerSupreme Court of Vermont · 1847
3Cited by12 opinions
- Shaughnessy v. EidsmoSupreme Court of Minnesota · 1946
- Sharman v. HuotMontana Supreme Court · 1898
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Choate v. SpencerMontana Supreme Court · 1893
- State v. DavisIndiana Supreme Court · 1881
7 more not listed; retrieve them via the Exa API.