¶1The notice of appeal is from an order of the district court, bearing date the first day of March, 1878, and setting aside and dissolving the writ of attachment issued in this action against the property of the defendant Burroughs. The return discloses no such order. The only order made in the action, so far as appears by the return, is one “setting aside the levy made under and by virtue of the writ upon the property of defendant Uhless, as appears by the return of the sheriff endorsed thereon, with ten dollars costs of motion.” This order is not the subject of the appeal mentioned in the notice, and .is not, of course, properly before us for consideration; and as it does not appear by the return to this court that any order of the character .described in the notice of appeal was ever made, the appeal ■is dismissed.
25 Minn. 272
Gregg v. Uhless
Decided September 26, 1878
Supreme Court of Minnesota · decided 1878-09-26
The plaintiffs brought this action in the district court for McLeod county, against George A. Burroughs and James Uhless, alleging that between November 25,1876, and January 6,1877, they sold and delivered to Burroughs certain lumber, etc., of the value of $124.63; that such building materials were furnished by them to Burroughs for use in building a house on lot 8, in block 43, in the townsite of Franklin, in said county,. of which lot Burroughs was then the owner.
Cited by 1 later decisions — most recently May 1931
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1878-09-26
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