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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Behrendt v. Rassmussen, 234 Minn. 97 (1951)

Citation
Behrendt v. Rassmussen, 234 Minn. 97 (1951)
Parent Document
Behrendt v. Rassmussen, 234 Minn. 97 (1951)
Jurisdiction
Minnesota (state)
Effective Date
1951-04-27

Other Sections in This Document (55)

Full Text

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compel defendant to do some collateral thing which he could not legally he compelled to do. Hoppe v. Klapperich, 224 Minn. 224, 28 N. W. (2d) 780, 173 A. L. R. 819. The gist of such an action is the misuse or misapplication of the process, after it has once been issued, for an end other than that which it was designed to accomplish. Since no writ of restitution was served on plaintiffs, that process was not used, and therefore there could have been no abuse of it.