First National Bank v. Holmes
North Dakota Supreme Court
Appeal from District Court, Stutsman County; W. H. Winchester, J. Action by First National Bank of Casselton against William F. Holmes. From an order dissolving an attachment, plaintiff appeals- Under section 4993 Rev. Codes, providing that personal service of summons must be made, or publication commenced, within thirty days, means thirty days from the issue of the writ.
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Appeal from District Court, Stutsman County; W. H. Winchester, J. Action by First National Bank of Casselton against William F. Holmes. From an order dissolving an attachment, plaintiff appeals- Under section 4993 Rev. Codes, providing that personal service of summons must be made, or publication commenced, within thirty days, means thirty days from the issue of the writ. Rhode Islmd Hospital Trust Company v. Keely, 1 N. D. 412, 48 N. W. Rep. 341; Taddiken v. Carntrell, 1 Hun. 710; Simpson v. Birch, 4 Hun. 315; Waffle v. Goble, 35 How. Pr. 370. Although the return omits the name of the member…
1Opinion of the CourtMorgan, J.
The appeal in this case is from an order of the district court granting a motion to dissolve an attachment. The defendant was a nonresident at the time of the issuing and levy of the writ *40of attachment. Am order of publication of the summons was made, but the summons was never published, nor a copy mailed to the defendant at his home address, in the state of Minnesota. In lieu of such publication and mailing of'the summons, copies thereof and of the complaint were left at the defendant’s residence, in Minnesota, in the presence of a member of his family over 14 years of age. It is claimed by…
2Cases cited4 opinions
- Hobby v. BunchSupreme Court of Georgia · 1889
- Moyer v. CookWisconsin Supreme Court · 1860
- Rhode Island Hospital Trust Co. v. KeeneyNorth Dakota Supreme Court · 1891
- Armstrong v. BrantSupreme Court of South Carolina · 1895
3Cited by12 opinions
- Sears v. WeimerOhio Supreme Court · 1944
- Holiness Church of San Jose v. Metropolitan Church Ass'nCalifornia Court of Appeal · 1910
- McKenzie v. BoyntonNorth Dakota Supreme Court · 1910
- In Re Ashbrook's EstateNorth Dakota Supreme Court · 1961
- Dalton v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
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