23 Minn. 50
Decided June 14, 1876
Supreme Court of Minnesota · decided 1876-06-14
Plaintiff obtained judgment against defendants in the court of common pleas of Ramsey county, and caused execution thereon to bo issued to Nobles county, by virtue of Avhich execution the sheriff of that county levied upon a judgment which had theretofore been recovered by the defendants Miller, Ilumiston & Co., against the defendants C. Z. Sutton and James Lundy, in the district court for Nobles county, and ivas docketed, therein.
Relies on Fore v. Manlove
Good law ✅— No negative treatment on recordhow we know
Decided 1876-06-14
Cited by 3 later decisions — most recently November 1957
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1If, for the purposes of this case, it be admitted that, under the provisions of Gen. St. c. 66, § 269, a judgment can be levied upon by execution, still, as it is a thing in action, (Fore v. Manlove, 18 Cal. 437; Burtis v. Cook, 16 Iowa, 194,) the sale can be made only “if the court so orders.” Gen. St. c. 66, § 284.
¶2Order affirmed.
¶3 Gilfillan, C. J., having been of counsel, did not sit in this case.