Enderlin State Bank v. Jennings
North Dakota Supreme Court
Appeal from District Court, Barnes County; Rose, J. Action in attachment by the Enderlin State Bank against Reuben P. Jennings. From an order sustaining á motion to vacate the warrant of attachment, plaintiff appeals. The defendant voluntarily appeared in the District Court of Ransom County and sought the adjudication of the court upon plaintiffs right to the writ of attachment.
Read the full summary
Appeal from District Court, Barnes County; Rose, J. Action in attachment by the Enderlin State Bank against Reuben P. Jennings. From an order sustaining á motion to vacate the warrant of attachment, plaintiff appeals. The defendant voluntarily appeared in the District Court of Ransom County and sought the adjudication of the court upon plaintiffs right to the writ of attachment. The attachment was sustained and this adjudication was a bar to any further proceedings. 1 Herman on Estoppel, 472; Austin v. Walker, 61 la. 158, 16 N. W. Rep. 6g; Mayer v. Wick, 15 Ohio St. 548; Rogers v. Hoeiiig, 46…
1Opinion of the CourtCorliss, J.
The order appealed from vacated a warrant of attachment. The order was made by the District Court of the Fifth Judicial District. The action was originally brought in the Fourth Judicial Distinct. While it was there pending a motion was made before the District Court of that District to set aside the warrant of attachment which had been issued in the action. The ground upon which this warrant was issued was that defendant had assigned and disposed of his property with intent to hinder, delay, and defraud his creditors. After a final hearing the court denied the motion, and one of the grounds…
2Cases cited36 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Dwight v. . St. JohnNew York Court of Appeals · 1862
- Board of Commissioners v. McIntoshSupreme Court of Kansas · 1883
- Weber v. TschetterSouth Dakota Supreme Court · 1890
31 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Missouri Breaks, LLC v. BurnsNorth Dakota Supreme Court · 2010
- Zent v. ZentNorth Dakota Supreme Court · 1979
- State ex rel. Lemke v. District Court of Stutsman CountyNorth Dakota Supreme Court · 1921
- State ex rel. Noggle v. CrawfordNorth Dakota Supreme Court · 1912
- Goodman v. MevorahNorth Dakota Supreme Court · 1953
18 more not listed; retrieve them via the Exa API.