St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-03
AMEND THE AMENDMENT

There are few states in the Union
where the practice OF law is as black an
art as it is in Minnesota. In New York
the code is very full and very explicit
as to methods of procedure. Anno-
tated editions of the statutes have been
published in large numbers, and the in
depreciation of obscure provisions ave
been established by judicial decisions.
In Minnesota, because our laws are so
young, the best methods have not as
yet been prescribed, either by law or
the rulings of the court of last resort,
and the ablest lawyer is certainly be-
wildered as to which is the proper
course to pursue in given eXigency.
Unintelligent tinkering with the ex-
listing laws has caused good deal of
confusion in this direction. The new
mechanics lien law is an example in
point, and the amendment to the old
mentary to execution, made by chap ter
LOG of the General Laws of 1889, is
another We call the attention of our
legislative delegation to this as worthy
of their notice against the coming ses-
sion of the legislature.
Under the old law, Judgment cred
itor, after judgment had and an execu-
ton returned unsatisfied, was entitled
to an order from the district court in
which the Judgment was entered, requir-
ing the debtor to appear before ref
cree and be examined as to his prop
erty. But if it should be made to ap-
pear to the court that the debtor was
about to leave the state, he could be ar
rested and required to give bonds for
his appearance for such examination
and against the disposition of his prop
erty in the meanwhile. This second
provision was particularly valuable
against nonresident debtors who were
temporarily in the state. They might
readily disobey an order for appearance
before referee by going OH their way
to the state of their residence, where
they could not be reached by the process
of the Minnesota courts. But even the
threat to cause their arrest was effective
in most cases to secure their attendance
and put them Oh the same footing as
residents.
The law in this original shape was
conceived to work hardship IN this
way: judgments would frequently be
entered in one part of the state against
debtor residing in town very remote
from it. The order in supplementary
proceedings, being given by the court
where the judgment was entered, would
require the debtor to appear before
referee outside the county of his resi-
dence. A debtor living in Otter Tail
county would be ordered to appear be-
! fore referee in st. Paul or Minneap-
oils. Frequently he had no money to
make the journey. and the creditor took
advantage of his predicament to ceerce
and Cypress him.
TO cure this, the law was amended in
| 1889 SO as to forbid the requiring of an
| appearance for the purpose of such an
examination outside of the county of the
| debtors residence. At the same time,
it was enacted that the judge of the
| judicial district in which the debtor re-
sided should sign the order. and not the
| Judge of the district in which the judg-
| ment was entered. Nobody intended
the amendment to exempt and favor
] nonresident Judgment debtors, but as
the law reads now, they cannot be safely
| apprehended under its provisions. Tue
only judge who has authority to sign an
order in supplementary proceedings is
the judge of the judicial district where
the debtor resides. If the debtor resides
outside of the state, no one has author
ity to sigh it, and the law has no appii-