Brocket Mercantile Co. v. Lemke
North Dakota Supreme Court
Appeal from the judgment and order of the District Court of Ramsey County, Honorable C. W. Buttz, Judge. Under a crop contract like the one here, the interest of Fred Lemke became garnishable as soon as the crop came into existence. He became the owner of an interest in such crops at once.
Read the full summary
Appeal from the judgment and order of the District Court of Ramsey County, Honorable C. W. Buttz, Judge. Under a crop contract like the one here, the interest of Fred Lemke became garnishable as soon as the crop came into existence. He became the owner of an interest in such crops at once. Minneapolis Iron Store Co. v. Branum, 36 N. D. 355, L.B.A.1917E, 298, 162 N. W. 543; Stavens v. National Elevator Co. 36 N. D. 9, 161 N. W. 558. Unless the affidavit in garnishment specifically states that the garnishees, two or more, are proceeded against jointly, the several garnishees shall be deemed…
1Opinion of the CourtGrace, J.
Appeal from the judgment and order of the district court of Ramsey county, Honorable C. W. Buttz, Judge.
This is an action where the plaintiff sued the defendant, Fred Lemke, *41and at the same time garnisheed John W. Maher and the Imperial Elevator Company. The case came on for trial and resulted in a judgment for the plaintiff in the sum of $1,709.95.
Fred Lemke had theretofore purchased from John W. Maher certain lands in Ramsey county, North Dakota, aggregating 960 acres, for the sum of $19,200. The contract with reference to such purchase was in writing and was a purchase on the crop-contract…
2Cases cited2 opinions
- Edwards v. RoepkeWisconsin Supreme Court · 1889
- Old Second National Bank v. WilliamsMichigan Supreme Court · 1897
3Cited by3 opinions
- Bank of Centerville v. GelhausSouth Dakota Supreme Court · 1932
- Bronson v. ChambersNorth Dakota Supreme Court · 1924
- State Bank v. SchultzeNorth Dakota Supreme Court · 1924