Simon v. Mann

• Court: Minnesota Supreme Court
• Writing for the Court: Berry, J.
• Citation: Simon v. Mann, 32 Minn. 65, 19 N.W. 347 (Minn. 1884)
• Decision Date: 05 May 1884
• Parties: Mark Simon and another v. Henry E. Mann and Garnishee

19 N.W. 347

32 Minn. 65

Mark Simon and another v. Henry E. Mann and Garnishee

Supreme Court of Minnesota

May 5, 1884

In re Mann, ante, p. 60, followed in this case.

This action was brought in the district court for Ramsey county, and on March 11, 1884, a garnishee summons was issued and served on James A. Owens. On March 15, 1884, judgment was entered against the defendant Mann, and on March 20, 1884, the garnishee disclosed that he held the property of Mann under the assignment involved in the last preceding case. The plaintiffs appeal from an order of Simons, J., discharging the garnishee.

Order affirmed.

C. S. Rohrer, for appellants.

O'Brien, Eller & O'Brien, for respondent Mann.

Rogers & Rogers, for respondent Owens.

OPINION

Berry, J.

The questions raised upon this appeal are disposed of In re Mann, ante, p. 60. If the assignment is valid, it is not claimed that the garnishment is of any effect. But see Colby v. Coates, 6 Cush. 558; Dewing v. Wentworth, 11 Cush. 499; Drake on Attachment, § 511; Donohue v. Ladd, 31 Minn. 244.

Order affirmed.