Kipp v. Fullerton
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. This was an action brought by D. O. Pullerton against Leonard W. Kipp, to recover the value of goods alleged to have been unlawfully taken by the Defendant from the possession of the Plaintiff and converted to Defendant’s use. The Defendant, Leonard W. Kipp, justified the taking under an execution, issued on a judgment in the Ramsey County District Court, in his favor and against ¥m.
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APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. This was an action brought by D. O. Pullerton against Leonard W. Kipp, to recover the value of goods alleged to have been unlawfully taken by the Defendant from the possession of the Plaintiff and converted to Defendant’s use. The Defendant, Leonard W. Kipp, justified the taking under an execution, issued on a judgment in the Ramsey County District Court, in his favor and against ¥m. Puller and Julius Mendelson, and alleged the property taken to belong to said Puller and Mendelson. The Plaintiff on the trial of the action, proceeded to prove…
1Opinion of the Court
Emmett, O. J.
By the Court. The Defendant justifies the taking complained of, under an execution issued upon a judgment alleged to have been rendered in his favor against William Fuller and Julius Mendelson, alleging the property taken to have belonged to the Defendants in said action.
The existence of such a judgment was denied by the Plaintiff, and when the judgment roll, judgment book and docket, were offered in evidence by the Defendant, the Plaintiff objected, on the ground that there was no proper evidence contained therein, that any service of any kind, of the summons or complaint, had…
2Cases cited1 opinion
- Foot v. StevensNew York Supreme Court · 1837
3Cited by14 opinions
- Board of County Commissioners v. MorrisonSupreme Court of Minnesota · 1875
- Wells-Stone Mercantile Co. v. TruaxWest Virginia Supreme Court · 1898
- McAlpine v. SweetserIndiana Supreme Court · 1881
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Cruser v. WilliamsNorth Dakota Supreme Court · 1904
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