Rhode Island Hospital Trust Co. v. Keeney
North Dakota Supreme Court
PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. The statute providing for service on defendant not in the state must be strictly followed. Forbes v. Hyde, 31 Cal. 351; Beach v. Beach, 43 N. W. 702; Barber v. Morris, 33 id. 560. Wortman v. Wortman, 7 Abb. Pr. 72. The statute must be strictly followed but should be liberally construed. See 2129 Civil Code.
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PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. The statute providing for service on defendant not in the state must be strictly followed. Forbes v. Hyde, 31 Cal. 351; Beach v. Beach, 43 N. W. 702; Barber v. Morris, 33 id. 560. Wortman v. Wortman, 7 Abb. Pr. 72. The statute must be strictly followed but should be liberally construed. See 2129 Civil Code. The statute is silent as to the manner in which personal service out of the state shall be made, and in this case the receipt of the summons is admitted. Under such circumstances there is no reason for holding the…
1Opinion of the CourtCorliss, C. J.
Under § 5011 of the Compiled Laws, appellant, by motion, assailed the attachment issued against the defendant’s property herein, having purchased the same subsequently to the levy of the warrant, founding his motion upon the alleged legal death of the writ. He urged that the summons had not been served within thirty days after the warrant was issued, and that under the express provisions of the statute the attachment fell. Having failed in his motion, he has taken this appeal. The mere issue of a summons confers upon the court jurisdiction to issue a writ of attachment, provided proper…
2Cases cited3 opinions
- Millar v. BabcockMichigan Supreme Court · 1874
- Gribbon v. . FreelNew York Court of Appeals · 1883
- Mojarrieta v. . SaenzNew York Court of Appeals · 1880
3Cited by12 opinions
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Thisler v. LittleSupreme Court of Kansas · 1912
- McKenzie v. BoyntonNorth Dakota Supreme Court · 1910
- First National Bank v. HolmesNorth Dakota Supreme Court · 1903
- In Re Ashbrook's EstateNorth Dakota Supreme Court · 1961
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