Legal Opinion

McNab v. Northern Pacific Railway Co.

North Dakota Supreme Court

Decided January 22, 1904PublishedCited by 5 opinions

Appeal from District Court, Walsh county; Kneeshaw, J. Action by John McNab against the Northern Pacific Railway Company. Judgment for plaintiff, and defendant appeals.

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Appeal from District Court, Walsh county; Kneeshaw, J. Action by John McNab against the Northern Pacific Railway Company. Judgment for plaintiff, and defendant appeals. Courts have jurisdiction to entertain garnishment proceedings at the suit of a resident, or nonresident plaintiff against a resident garnishee owing a debt to the principal debtor and defendant, whether the latter is a resident or nonresident, and whether process is served upon him personally or by publication. Railway Co. v. Strum-, 174 U. S. 710; Tootle v. Coleman, 107 Fed. 41; King v. Cross, 175 U. S. 396; Rothschild v.…

1Opinion of the CourtCochrane, J.

At the close of the testimony in the district court, both parties moved for a directed verdict, whereupon the court directed a verdict in favor of the plaintiff and against the defendant for $47.76. A verdict was returned accordingly. No exception was saved to the ruling of the court in denying defendant’s motion for a directed verdict, or in his action in directing a verdict fox-plaintiff. No motion was made in the court below to set aside the verdict, or for a new trial, and no motion was made for judgment notwithstanding the verdict. Defendant, without exceptions, caused a statement of the…

2Cases cited9 opinions

  1. Pierce v. ManningSouth Dakota Supreme Court · 1892
  2. Hawkins v. HubbardSouth Dakota Supreme Court · 1892
  3. McKenzie v. Bismarck Water Co.North Dakota Supreme Court · 1897
  4. Myers v. LongstaffSouth Dakota Supreme Court · 1900
  5. Ness v. JonesNorth Dakota Supreme Court · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
  2. Landis Machine Co. v. Konantz Saddlery Co.North Dakota Supreme Court · 1908
  3. Russell v. OlsonNorth Dakota Supreme Court · 1911
  4. Bailey v. Security Ins.Oregon Supreme Court · 1921
  5. Barnum v. Chamberlain Land & Loan Co.South Dakota Supreme Court · 1914

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