Viers v. Perry

Decided November 4, 1910

Supreme Court of Minnesota · decided 1910-11-04

Action in the district court for Yellow Medicine county, which was transferred to Marshall county, to recover $948.90 on a promissory note. Plaintiff caused certain of defendant’s property to be attached. Defendant moved to vacate the attachment and supported the motion with affidavits, and plaintiff opposed the motion with counter affidavits. The motion was heard and granted by Grindeland, J. From the order granting the motion, plaintiff appealed.

Cited by 4 later decisions — most recently December 1921

4 state decisions

Relies on First National Bank v. Randall · State v. Madigan · First State Bank v. Schatz

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1910-11-04

View the full empirical analysis of this case →

Per Curiam.

¶1This appeal presents the sole question whether the trial court erred by its order granting the defendant’s motion to dissolve the *349writ of attachment herein. The motion was made and opposed upon conflicting affidavits, which show no clear preponderance of proof opposed to the decision of the trial court. The case, then, falls within the rule that the determination of a question of fact, on the hearing of a motion on affidavits, will not be reversed, if there be evidence reasonably tending to support it. First Nat. Bank v. Randall, 38 Minn. 382, 37 N. W. 799; State v. Madigan, 66 Minn. 10, 68 N. W. 179; Stai v. Selden, 87 Minn. 271, 275, 92 N. W. 6; First State Bank v. Schatz, 104 Minn. 425, 116 N. W. 917.

¶2Order affirmed.