MacDonald v. Fitzgerald
North Dakota Supreme Court
From a judgment of the District Court of Stutsman County, Coffey, J., plaintiff appeals. A mere naked possession of property confers some rights as against ■a mere wrongdoer and trespasser. Sanford v. Millikin, 144 Mich. 311, 107 N. W. 884; Anderson v. Gouldberg, 51 Minn. 294, 53 N. W. 636; Smith v. Lydick, 42 Mo. 209; Rogers v. Arnold, 12 Wend. 30; Freshwater y. Nighols, 52 N. C. 251; Taylor v. Brown, 49 Or. 423, 90 Pac. 673; Kellogg v. Adams, 51 Wis. 138, 37 Am.
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From a judgment of the District Court of Stutsman County, Coffey, J., plaintiff appeals. A mere naked possession of property confers some rights as against ■a mere wrongdoer and trespasser. Sanford v. Millikin, 144 Mich. 311, 107 N. W. 884; Anderson v. Gouldberg, 51 Minn. 294, 53 N. W. 636; Smith v. Lydick, 42 Mo. 209; Rogers v. Arnold, 12 Wend. 30; Freshwater y. Nighols, 52 N. C. 251; Taylor v. Brown, 49 Or. 423, 90 Pac. 673; Kellogg v. Adams, 51 Wis. 138, 37 Am. Rep. 815, 8 N. W. 115; Hall y. Johnson, 21 Colo. 414, 42 Pac. 660; Stockwell v. Robinson, 9 IToust. (Del.) 313, 32 Atl. 528; Van…
1Opinion of the Court
Christianson, Ch. J.
Plaintiff brought this action to recover the possession of a certain automobile. The automobile was seized by the defendant Fitzgerald, as sheriff of Stutsman county, under a warrant of attachment issued to him in an action then pending in the district court of that county, wherein one John H. Hemmi was plaintiff and one C. A. Shaw was defendant. The defendant Ross is the successor in office of Fitzgerald and as such received the automobile into his possession, when he entered upon his duties as sheriff. John H. Hemmi, the plaintiff in the action in which, the warrant of…
2Cases cited4 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Griswold v. NicholsWisconsin Supreme Court · 1903
- Pope v. HunterSupreme Court of Louisiana · 1839
- Hemmi v. GroverNorth Dakota Supreme Court · 1909
3Cited by3 opinions
- Veum v. StefferudNorth Dakota Supreme Court · 1923
- Brunswick Corporation v. HaerterNorth Dakota Supreme Court · 1971
- Sweetland v. Oakley State BankIdaho Supreme Court · 1925