Northrup v. Cross
North Dakota Supreme Court
PPEAL from district court, Dickey county; Hon. W. S. Lauder, Judge. Action by Theodoras Northrup against "William A. Cross, sheriff of Dickey county, to recover possession of certain personal property. Yerdict and judgment for plaintiff. New trial denied. Defendant appeals. The selection made by plaintiff was not sufficiently definite to enable him to recover his exemptions. Friedman v. Sullivan, 2 S. E. Rep. 785. The defendant, "as sheriff, was guilty of no neglect of duty.
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PPEAL from district court, Dickey county; Hon. W. S. Lauder, Judge. Action by Theodoras Northrup against "William A. Cross, sheriff of Dickey county, to recover possession of certain personal property. Yerdict and judgment for plaintiff. New trial denied. Defendant appeals. The selection made by plaintiff was not sufficiently definite to enable him to recover his exemptions. Friedman v. Sullivan, 2 S. E. Rep. 785. The defendant, "as sheriff, was guilty of no neglect of duty. He could not be compelled to select the specific articles for plaintiff. That duty the law puts on the plaintiff.…
1Opinion of the Court
The opinion of the court was delivered by
Bartholomew, J.
Appellant was sheriff of Dickey county, and as such held an execution issued on a judgment against respondent, under which he made a levy on certain of respondent’s personal property. This case arises under the exemption law. Our statute permits a debtor, in addition to certain absolute exemptions, to select and hold other personal property, not to exceed in value the sum of $1,500. But in order to avail himself of the additional exemptions the debtor must, within three days after the levy, deliver to the officer holding the writ a…
2Cases cited1 opinion
- Zielke v. MorganWisconsin Supreme Court · 1880
3Cited by10 opinions
- Buri v. RamseyNorth Dakota Supreme Court · 2005
- Ocala Foundry & Machine Works v. LesterSupreme Court of Florida · 1905
- Taylor v. JonesNorth Dakota Supreme Court · 1893
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Tooz v. ToozNorth Dakota Supreme Court · 1949
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