Syndicate v. Bay St. Louis Syndicate

Citation46 N.W. 848,44 Minn. 401
PartiesSPOONER v BAY ST. LOUIS SYNDICATE ET AL.
Decision Date28 October 1890
CourtSupreme Court of Minnesota (US)

OPINION TEXT STARTS HERE

(Syllabus by the Court.)

In an action brought, under Gen. St. c. 76, § 9, by a judgment creditor for the appointment of a receiver of the property and effects of the debtor corporation, the return of the execution unsatisfied by the sheriff is conclusive so long as it remains of record in force, and cannot be collaterally assailed by inquiries into the conduct of the officer in executing it, or into the existence of any property which he might have levied on by virtue of it.

Appeal from district court, Hennepin county; LOCHREN, Judge.

C. D. & Thos. D. O'Brien, for appellants.

Fred B. Dodge, for respondent.

MITCHELL, J.

This action was brought to have the property and effects of the defendant corporation sequestrated, and a receiver of the same appointed, pursuant to Gen. St. c. 76, § 9. The material allegations of the complaint are that the plaintiff had obtained in Hennepin county a judgment against the corporation for $1,239.68, which was adjudged a specific lien upon certain real estate in that county which the sheriff was directed to sell for the satisfaction of the judgment; that pursuant to such judgment the sheriff sold the premises, realizing therefrom the sum of $5; that this sale was duly confirmed by the court, by whom it was further ordered that judgment be entered in favor of the plaintiff, and against the defendant, for the deficiency, which was thereafter done, and the judgment docketed in both Hennepin and Ramsey counties, in which latter county was the defendant's principal place of business; that thereafter executions on this judgment were issued and delivered to the respective sheriffs of these counties, both of which had been by them returned wholly unsatisfied. The corporation, in its answer, admits all these allegations, but attempts to set up by way of defense: First. That the property subject to the lien referred to in the complaint was of a value much more than ample to pay plaintiff's judgment; that the sum of $5, for which it was sold, was grossly inadequate; and that the plaintiff could, if he had seen fit, have sold it for more than enough to satisfy his claim. Second. That the corporation had and still has sufficient property not exempt from execution to pay plaintiff's judgment; and “that the plaintiff, if he had seen fit, could have levied the execution upon property of the defendant situated in Hennepin county, and which was of record in said county in the name of the corporation, for more than enough to satisfythe judgment and costs; and that during all of the times stated in the complaint, and now, the defendant is the owner of real property in Hennepin county, which is of record in its name, and subject to levy and sale on execution, worth far more than the amount of plaintiff's judgment.” Upon the pleadings, the court, on motion of plaintiff, made an order appointing a receiver as prayed for in the complaint; and...

To continue reading

Request your trial
7 cases
  • Cronan v. District Court First Judicial Districto of State of Idaho
    • United States
    • United States State Supreme Court of Idaho
    • 26 Junio 1908
    ......371, 14. S.Ct. 127, 37 L.Ed. 1113; Parker v. Moore, 3 Edw. Ch. 235; Spooner v. Bay St. Louis Syndicate, 44. Minn. 401, 46 N.W. 848; Gibbs v. Morgan, 9 Idaho. 100, 72 P. 733; Kelley v. ......
  • Swaney v. Hasara
    • United States
    • Supreme Court of Minnesota (US)
    • 9 Octubre 1925
    ...assailed by inquiries into the conduct of the officer in executing the writ. Flint v. Webb, 25 Minn. 263; Spooner v. Bay St. Louis Syndicate, 44 Minn. 401, 46 N. W. 848. The sale was not void. It may have been voidable on account of irregularities or because of the failure of the officer to......
  • Swaney v. Hasara
    • United States
    • Supreme Court of Minnesota (US)
    • 9 Octubre 1925
    ......Flint v. Webb, 25 Minn. 263;Spooner v. Bay St. Louis Syndicate, 44 Minn. 401, 46 N. W. 848. The sale was not void. It may have been voidable on account ......
  • Grossman v. Lockedell & Son, 28589.
    • United States
    • Supreme Court of Minnesota (US)
    • 13 Noviembre 1931
    ...matters embraced therein. Plaintiff's position is based on a misconception of Flint v. Webb, 25 Minn. 263, and Spooner v. Bay St. Louis Syndicate, 44 Minn. 401, 46 N. W. 848. They hold only that the sheriff's return unsatisfied, of a writ of execution, is the sole statutory condition preced......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT