Melin v. Dalseide

Supreme Court of Minnesota

Melin v. Dalseide

229 N.W. 804, 179 Minn. 588, 1930 Minn. LEXIS 1160

CourtSupreme Court of Minnesota

DecidedMarch 14, 1930

DocketNo. 27,753.

StatusPublished

This text of 229 N.W. 804 (Melin v. Dalseide) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Melin v. Dalseide, 229 N.W. 804, 179 Minn. 588, 1930 Minn. LEXIS 1160 (Mich. 1930).

Pincite

Opinion

PER CURIAM.

Plaintiff appeals from an order of the municipal court of Minneapolis nullifying a replevin bond and vacating a writ of replevin.

The complaint stated that the value of the personal property involved was $500. The bond given by plaintiff in that amount was approved and a writ issued. The officer to whom the writ was given for execution demanded but did not take possession of the property. The defendant Skellet Company, a storage warehouse concern, to which the property had been delivered for storage and which was in rightful possession thereof, declined *589 to surrender it until storage charges were paid. Upon attention being called to the fact that the amount of the replevin bond was inadequate, the statute requiring it to be in the penal sum of at least double the value of the property, the court made the order appealed from. G. S. 1923 (2 Mason, 1927) § 9333.'

Under the facts disclosed by the record, the making of the order was within the sound discretion of the court.

Affirmed.

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PER CURIAM.

Plaintiff appeals from an order of the municipal court of Minneapolis nullifying a replevin bond and vacating a writ of replevin.

The complaint stated that the value of the personal property involved was $500. The bond given by plaintiff in that amount was approved and a writ issued. The officer to whom the writ was given for execution demanded but did not take possession of the property. The defendant Skellet Company, a storage warehouse concern, to which the property had been delivered for storage and which was in rightful possession thereof, declined *589 to surrender it until storage charges were paid. Upon attention being called to the fact that the amount of the replevin bond was inadequate, the statute requiring it to be in the penal sum of at least double the value of the property, the court made the order appealed from. G. S. 1923 (2 Mason, 1927) § 9333.'

Under the facts disclosed by the record, the making of the order was within the sound discretion of the court.

Affirmed.

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Bluebook (online)

229 N.W. 804, 179 Minn. 588, 1930 Minn. LEXIS 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melin-v-dalseide-minn-1930.