Woodhull v. Farmers' Trust Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Maxwell V. Woodhull against the Farmers’ Trust Company of Sioux City, Iowa, and George H. Hollister, its receiver. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Cass County; Pollock, J. Action by Maxwell V. Woodhull against the Farmers’ Trust Company of Sioux City, Iowa, and George H. Hollister, its receiver. Judgment for defendants, and plaintiff appeals. If the Farmers’ Trust Co. was not the owner of the notes and mortgages in suit they were not subject to attachment, and if an attachment was vacated, whether regularly or irregularly, the appellant could not be injured thereby; if, on the other hand, the property did belong to the Farmers’ Trust Co. it was not subject to attachment in the hands of the receivers of that…
1Opinion of the CourtWallin, C. J.
This action was brought to recover damages for an alleged breach of contract, and the summons was served by publication. It is conceded that both of the defendants in the action are nonresidents, and that they reside in the state of Iowa. An affidavit for attachment, stating that the defendants are nonresidents of this state, and that “the defendants have property within this state subject to attachment,” was filed with the clerk of the district court, together with the complaint in the action. Upon the filing of the same, a wararnt of attachment issued, and was delivered to the sheriff for…
2Cases cited6 opinions
- Crapo v. KellySupreme Court of the United States · 1873
- Chicago, Milwaukee & St. Paul Railway Co v. Keokuk Northern Line Packet Co.Illinois Supreme Court · 1883
- Humphreys v. HopkinsCalifornia Supreme Court · 1889
- Pond v. CookeSupreme Court of Connecticut · 1877
- Bagby v. Atlantic, Mississippi & Ohio RailroadSupreme Court of Pennsylvania · 1878
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3Cited by5 opinions
- Oakes v. LakeSupreme Court of the United States · 1933
- Gilbertson v. HelleNorth Dakota Supreme Court · 1940
- De Mattos v. Camp & Hinton Co.Supreme Court of Louisiana · 1911
- Allen v. LarsonNorth Dakota Supreme Court · 1934
- Thompson v. Oil Refineries, Inc.District Court, W.D. Louisiana · 1937