Smith v. Willoughby
North Dakota Supreme Court
Appeal by plaintiff from a judgment of the District Court for Foster County, Burke, J., in defendant’s favor in an action to recover possession of certain property. Statement by Bbuce, J. The plaintiff and appellant, in a claim and delivery proceeding under the statute, seized certain personal property of the defendant upon which he claimed to hold certain chattel mortgages.
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Appeal by plaintiff from a judgment of the District Court for Foster County, Burke, J., in defendant’s favor in an action to recover possession of certain property. Statement by Bbuce, J. The plaintiff and appellant, in a claim and delivery proceeding under the statute, seized certain personal property of the defendant upon which he claimed to hold certain chattel mortgages. The plaintiff filed a complaint in the action, setting np his alleged special interest under said chattel mortgages, describing the property to be seized, and demanding judgment for immediate possession. Defendant…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Plaintiff and appellant contends as grounds for reversal of the judgment herein, (1) •that under the provisions of our statute, §§ 7075 and 7036, Rev. Codes 1905, a plaintiff who has wrongfully taken property in claim and delivery proceedings has an absolute right to the judgment against him being in the alternative for the return of the property, or its value in case a return cannot be had, and that no such alternative was given in this case; (2) that the verdict nowhere describes the personal property for which the compensation is required to be made, but…
2Cases cited9 opinions
- Faulkner v. First National BankCalifornia Supreme Court · 1900
- Guille v. Wong FookOregon Supreme Court · 1886
- Caldwell v. BruggermanSupreme Court of Minnesota · 1860
- Sherman v. ClarkSupreme Court of Minnesota · 1877
- State ex rel. Shaw v. ThompsonNorth Dakota Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Zimmer v. BellonNorth Dakota Supreme Court · 1967
- Witt v. NesarSupreme Court of Georgia · 1916
- Steidl v. AitkenNorth Dakota Supreme Court · 1915
- Farmers National Bank v. FergusonNorth Dakota Supreme Court · 1914