Legal Opinion

Johnson v. Engelhard

North Dakota Supreme Court

Decided November 8, 1919PublishedCited by 10 opinions

This is an appeal from an order of the District Court of Burleigh County, North Dakota, W. L. Nuessle, J., Distinguishing attachment action from the ordinary action see: 'Smith v. Nicholson, 5 N. D. 426, 61 N. W. 296; Goldstien v. Peter Fox Sons Co. 22 N. D. 636; 4 Cyc. Attachments; 2 R. C. L. ¶ 60 of Attachments.

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This is an appeal from an order of the District Court of Burleigh County, North Dakota, W. L. Nuessle, J., Distinguishing attachment action from the ordinary action see: 'Smith v. Nicholson, 5 N. D. 426, 61 N. W. 296; Goldstien v. Peter Fox Sons Co. 22 N. D. 636; 4 Cyc. Attachments; 2 R. C. L. ¶ 60 of Attachments. “In some jurisdictions the remedy by attachment is held to be purely in rem, and the statute requiring notice to be given to the debtor is deemed to not be for the purpose of giving the court jurisdiction over the subject-matter, but to permit the debtor to have an opportunity to…

1Opinion of the CourtGrace, J.

The plaintiff attempted to bring an action against the defendant in which he sought to recover $6,000 damages for the alleged violation of a written contract. The defendant is a resident of the city of Oconomowoc, Waukesha county, state of Wisconsin.

The plaintiff’s attorney issued a summons which was served upon the defendant personally by the chief of police of Oconomowoc. The complaint was not served with the summons; the summons recited the complaint would be filed with the clerk of the district court of Burleigh county. It was dated February 14, 1919.

On the 17th day of February, 1919,…

2Cited by10 opinions

  1. Schaff v. KennellyNorth Dakota Supreme Court · 1953
  2. United Accounts, Inc. v. Teladvantage, Inc.North Dakota Supreme Court · 1993
  3. Bartell v. MorkenNorth Dakota Supreme Court · 1954
  4. Hughes v. Fargo Loan AgencyNorth Dakota Supreme Court · 1920
  5. Coman v. WilliamsNorth Dakota Supreme Court · 1951

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