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169 Minn. 179

210 N.W 887

Wilcox v. Conley

Supreme Court of Minnesota

Decided November 19, 1926

Supreme Court of Minnesota · decided 1926-11-19

Cited by 2 later decisions — most recently April 1932

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1926-11-19

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Dibell, J.

¶1 (dissenting in part.)

¶2 In the condition of the bond it is recited that “certain property, money and effects of said defendant in the possession and control of the garnishee above named has been garnished in said action.” The defendant and garnishee are estopped to assert that garnish-able property, that is, property to the amount of $25, has not been impounded. This is in harmony with the Greengard case, and in particular with the view expressed by Mr. Justice Mitchell in his concurring opinion. That amount, no more having been impounded, should be recovered. That amount would be recovered though nothing was impounded. To the extent indicated, I dissent.

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