Beebe v. Fridley
Beebe v. Fridley
Opinion of the Court
By the Court
Plaintiff recovered a judgment against defendant in the district court for Hennepin county.
Defendant resides in Manomin county. The only question which we are asked to consider is, whether the sheriff of Hennepin county was á proper officer to whom to issue the
The defendant claims, that Manomin county having been created by sec. 36, ch. 8, Gen. Stat., and that section 164, ch. 8, Gen. Stat., providin g that there shall be elected in oach county, a sheriff, the presumption is that a sheriff was elected in Manomin county, to whom it is insisted the execution should have been issued. But in the view which we entertain, it is unnecessary to consider whether this presumption is well founded or not. Sec. 33, ch. 64, Gen. Stat., enacts that “ for judicial purposes, to enforce civil rights, &c., the county of Manomin is attached to the county of Hennepin,” (and other counties attached to other counties) “and for such purposes all the officers of the county of Hennepin,” (and other counties named) “necessary to effect the same, shall have and exercise full jurisdiction, power and authority over and act in and for the counties respectively attached to said counties as aforesaid as fully as if they were part of the same.” The language “for judicial purposes, to enforce civil rights,” manifestly embraces the' purpose of enforcing civil rights through a district court, and the issue of an execution to collect a judgment of said court, or to lay a foundation for supplementary proceedings through which to collect the game, clearly falls within this purpose.
The language, “ail the officers of the county” to which another is attached “necessary to effect ” these purposes, was, we think, used (so far as any question arising in the case is concerned) to distinguish the officers whose duties
Reference
- Full Case Name
- Franklin Beebe v. A. M. Fridley
- Status
- Published