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Viers v. Perry

M. G. VIERS v. CLINTON M. PERRY

Viers v. Perry, 127 N.W. 1120 (Minn. 1910)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
November 4, 1910
Docket
No. 16,900—(75)
Citations
127 N.W. 1120112 Minn. 3481910 Minn. LEXIS 784
Disposition
Affirmed.
Headnotes
Attachment — conflicting affidavits — decision of question of fact. The determination of a question of fact on the hearing of a motion to dissolve an attachment on affidavits will not be reversed, if there is evidence reasonably tending to support it.
Summary
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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

This appeal presents the sole question whether the trial court erred by its order granting the defendant’s motion to dissolve the *349 writ 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 .

Order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1913: 11920: 11921: 219132026peak 1921 · 2

Relies on it most ⓘ

  1. Minneapolis Gaslight Co. v. City of Minneapolis143 N.W. 728 (Minn. 1913)
  2. Clarke & Simmons, Inc. v. Rule185 N.W. 947 (Minn. 1921)
  3. Hurni v. Johnson177 N.W. 942 (Minn. 1920)
  4. Stockhaus v. Lind183 N.W. 844 (Minn. 1921)

Most recent

  1. Clarke & Simmons, Inc. v. Rule185 N.W. 947 (Minn. 1921)
  2. Stockhaus v. Lind183 N.W. 844 (Minn. 1921)
  3. Hurni v. Johnson177 N.W. 942 (Minn. 1920)
  4. Minneapolis Gaslight Co. v. City of Minneapolis143 N.W. 728 (Minn. 1913)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
First Nat'l Bank v. Randall, 37 N.W. 799 (Minn. 1888) 18
State v. Madigan, 68 N.W. 179 (Minn. 1896) 13
First State Bank v. Schatz, 116 N.W. 917 (Minn. 1908) 9
Stai v. Selden, 92 N.W. 6 (Minn. 1902) 5

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