Keegan v. Peterson
Supreme Court of Minnesota
This action was brought against the sheriff of Fillmore county, and bis sureties, upon bis official bond, for the unlawful seizure and sale, under a writ of execution, of a certain machine called a “Marsh Harvester, ” used by the plaintiff in carrying on his farm.
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This action was brought against the sheriff of Fillmore county, and bis sureties, upon bis official bond, for the unlawful seizure and sale, under a writ of execution, of a certain machine called a “Marsh Harvester, ” used by the plaintiff in carrying on his farm. The complaint alleged that the said “Marsh Harvester” was a farming utensil not exceeding $300 in value, and therefore exempt from levy and sale; that the plaintiff had duly claimed the benefit of this exemption, but that the said sheriff had nevertheless sold the said harvester under the said execution. To this complaint the…
1Opinion of the CourtGileillan, C. J.
The defendants demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. Plaintiff moved for judgment, notwithstanding the demurrer, as for want of an answer. This motion was granted, and defendants then moved for leave to answer and this motion was denied. Judgment was entered for plaintiff, and from that the defendants appeal and seek to review those orders. Objection is made that the orders cannot be reviewed on appeal from the judgment, but only on appeals from the orders themselves.
As to the order refusing leave to answer, the…
2Cited by2 opinions
- Brown v. BrownSupreme Court of Minnesota · 1881
- Thorp Loan and Thrift Co. v. MorseCourt of Appeals of Minnesota · 1990