Welter v. Jacobson
North Dakota Supreme Court
Appeal from District Court, Walsh County; Sauter, J. Action by Katherine Welter against C. A. Jacobson, sheriff of Walsh County. Judgment for plaintiff, and defendant appeals. The complaint does not state a cause of action in that it is no where alleged that plaintiff was the owner, in possession or entitled to the possession of the grain at the time the same was seized by the sheriff. An allegation that plaintiff was owner at the time suit was begun is not sufficient.
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Appeal from District Court, Walsh County; Sauter, J. Action by Katherine Welter against C. A. Jacobson, sheriff of Walsh County. Judgment for plaintiff, and defendant appeals. The complaint does not state a cause of action in that it is no where alleged that plaintiff was the owner, in possession or entitled to the possession of the grain at the time the same was seized by the sheriff. An allegation that plaintiff was owner at the time suit was begun is not sufficient. Pitts Agr. Works v. Yontig, 62 N. W. Rep. 433; Willis v. DeWitt, 52 N. W. Rep. 1090; Branch v. Wiseman, 51 Ind. 1;…
1Opinion of the CourtCorliss, C. J.
The plaintiff is pursuing a wrong remedy to vindicate her rights. She is seeking in an action of replevin to recover the possession of certain wheat seized by the defendant,as the sheriff of Walsh County, in this state under a requisitiop *34in claim and delivery proceedings instituted in another action of replevin by other parties against the husband of the plaintiff. The property was, when the second replevin suit was commenced, in custody of law, the sheriff not having at that time delivered the property to either of the parties to the first replevin action, and therefore it was not then…
2Cases cited25 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- First Nat'l Bk. of Oswego v. . DunnNew York Court of Appeals · 1884
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3Cited by16 opinions
- Johnson v. Williams' Admr.Court of Appeals of Kentucky · 1901
- Lee v. CharmleyNorth Dakota Supreme Court · 1910
- Bowler v. VannoyNevada Supreme Court · 1950
- Guernsey v. TuthillSouth Dakota Supreme Court · 1900
- Ayer v. General Dynamics Corp.Court of Appeals of Arizona · 1980
11 more not listed; retrieve them via the Exa API.