Caldwell v. Bruggerman
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and Authorities of Plaintiff in Error. I. At tbe time the pretended trial in this case was had, this action was pending in this court. Hence all the proceedings, trial, verdict and judgment, were erroneous and void. Comp. Stat., ¶. 627, seo. 131 ;p. 623, seo. 22 ; Rule 22, et seq., Yol. 1 Sup. Ct.
Read the full summary
ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and Authorities of Plaintiff in Error. I. At tbe time the pretended trial in this case was had, this action was pending in this court. Hence all the proceedings, trial, verdict and judgment, were erroneous and void. Comp. Stat., ¶. 627, seo. 131 ;p. 623, seo. 22 ; Rule 22, et seq., Yol. 1 Sup. Ct. Rules, p. 453 ; 2 Tidd’s Practice, 1135 ; 1 Burrill Pr., 224-248 ; Mid, 254-260 The minutes of this Court show that there was an order or direction of this Court reversing the judgment of the lower Court, and awarding a new trial, but the records…
1Opinion of the Court
By the Court
Atwater, J.
This was an action of re-plevin brought by Bruggerman against Caldwell, to recover possession of certain goods and chattels, of which Plaintiff alleged himself to be owner and entitled to the immediate possession, by virtue of a bill of sale from one Bothmund tó the Plaintiff. The Defendant answered, setting up, first, a denial of all the allegations in the complaint; second, a justification as sheriff, under a writ of attachment against Both-mund, issued at the instance of one of his creditors, and alleging that the bill of sale under which Plaintiff claimed was a…
2Cases cited5 opinions
- Derby v. GallupSupreme Court of Minnesota · 1860
- Fowler v. AtkinsonSupreme Court of Minnesota · 1861
- Babcock v. LipeCourt for the Trial of Impeachments and Correction of Errors · 1845
- Beaulieu v. ParsonsSupreme Court of Minnesota · 1858
- Lent v. ButlerNew York Supreme Court · 1824
3Cited by11 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Merchants' National Bank v. GrunthalSupreme Court of Florida · 1897
- Egbert v. St. Louis S. F. R. Co.Supreme Court of Oklahoma · 1915
- Morton v. StateSupreme Court of Arkansas · 1945
- Bahlkow v. PrestonSouth Dakota Supreme Court · 1933
6 more not listed; retrieve them via the Exa API.