Probstfield v. Hunt
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Lilly E. Probstfeld against William E. Hunt, Sheriff. Judgment for plaintiff, and defendant appals. A third person, claiming property taken under attachment, is limited for remedy to the mode ordained by statute. Barry v. McGrade, 14 Minn. 153; King v. Oiser, 4 Duer, 431. Must show notice. Dodge v. Chandler, 9 Minn. 97; Barry v. McGrade, supra.
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Appeal from District Court, Cass County; Pollock, J. Action by Lilly E. Probstfeld against William E. Hunt, Sheriff. Judgment for plaintiff, and defendant appals. A third person, claiming property taken under attachment, is limited for remedy to the mode ordained by statute. Barry v. McGrade, 14 Minn. 153; King v. Oiser, 4 Duer, 431. Must show notice. Dodge v. Chandler, 9 Minn. 97; Barry v. McGrade, supra. Affidavit of claim and demand for property attached are necessary only where it is in possession of defendant in the writ. 'Taylor v. Hanson, 8 N. W. 825; Barry v. McGrade, 14 Minn. 163;…
1Opinion of the CourtMorgan, C. J.
This is an action for damages on account of the alleged conversion of personal property consisting of household goods, furniture, cooking utensils, table and silverware, wearing *573apparel, books, and other personal property, which property is alleged in the complaint to be the property of the plaintiff. The value of the property is alleged to be the sum of $650. Plaintiff demands judgment for said sum and interest from October 1, 1906, togther' with costs and disbursements. The answer is, in part, a general denial, and the defendant also alleged as a justification for the taking of the property…
2Cases cited1 opinion
- Aber v. TwichellNorth Dakota Supreme Court · 1908