First International Bank v. Lee
North Dakota Supreme Court
Appeal from the District Court for Ward County, Leighton, J. Action against a sheriff to recover damages for his failure to levy upon certain property under a writ of attachment. The defendant alleged that said property was exempt under the statute. Verdict and judgment for plaintiff. From an order granting defendant’s motion for a new trial, plaintiff appeals.
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Appeal from the District Court for Ward County, Leighton, J. Action against a sheriff to recover damages for his failure to levy upon certain property under a writ of attachment. The defendant alleged that said property was exempt under the statute. Verdict and judgment for plaintiff. From an order granting defendant’s motion for a new trial, plaintiff appeals. This is an appeal from an order of the district court of Ward county, granting the defendant’s motion for a new trial. The action was one which was brought against the defendant, John J. Lee, as sheriff of Ward county, to recover…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The defense of bankruptcy proceedings or of a discharge in bankruptcy is personal to the bankrupt. 5 Cyc. 405; Palmer v. Merrill, 57 Me. 26 ; Moyer v. Dewey, 103 U. S. 301, 26 L. ed. 394 ; Re Burton, 29 Fed. 637. There is nothing in the record that tends to show that the principal debtor ever sought to avoid the attachment proceedings in this case by pleading the proceedings in bankruptcy. It is true he alleges that the principal defendant filed a petition in bankruptcy on the 17th day of January, 1905, and in such proceedings claimed as exempt the…
2Cases cited16 opinions
- Moyer v. DeweySupreme Court of the United States · 1881
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
- Rice v. NolanSupreme Court of Kansas · 1885
- Daniels v. HamiltonSupreme Court of Alabama · 1875
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fidelity Union Casualty Co. v. HansonTexas Commission of Appeals · 1932
- Mennell v. WellsMontana Supreme Court · 1915
- Healy v. Bismarck BankNorth Dakota Supreme Court · 1915
- Albrecht v. AlbrechtNorth Dakota Supreme Court · 1959
- O'Hare v. Bismarck BankNorth Dakota Supreme Court · 1920
5 more not listed; retrieve them via the Exa API.