Hodge Heirs v. Anderson
North Dakota Supreme Court
Appeal from the District Court of Pierce County, A. O. Burr, J. Action in garnishment. Judgment for garnishee defendant. Plaintiff appeals. It is elementary that the caption is not controlling as to parties, for it is to be conceded that if the garnishee herein is entitled to be heard in any court subsequent to the trial in the principal action he would be obliged to look into the pleadings for a further disclosure as to parties plaintiff who are interested in the action.
Read the full summary
Appeal from the District Court of Pierce County, A. O. Burr, J. Action in garnishment. Judgment for garnishee defendant. Plaintiff appeals. It is elementary that the caption is not controlling as to parties, for it is to be conceded that if the garnishee herein is entitled to be heard in any court subsequent to the trial in the principal action he would be obliged to look into the pleadings for a further disclosure as to parties plaintiff who are interested in the action. But plaintiff denies to the garnishee any such right at this time. If it is a misnomer of parties, as contended by the…
1Opinion of the CourtBruce, J.
_ This is an appeal from the judgment of the district court of Pierce county vacating and setting aside a, judgment of a justice of the peace, against the garnishee defendant, Adolph Allickson, on the ground that “no execution was issued in said action in support of which said garnishment issued by reason of the fact that same was not placed in the hands of a proper officer at the time 'of service of the garnishment papers upon the garnishee.”
■The only record that we have of the issuance of the execution is the entries in the docket of the justice of the peace that “on the 11th day of…
2Cases cited7 opinions
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Pease v. RitchieIllinois Supreme Court · 1890
- First National Bank v. DwightMichigan Supreme Court · 1890
- Barth v. BurnhamWisconsin Supreme Court · 1900
- Peterson v. Wayne Circuit JudgeMichigan Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Alswager v. DwelleNorth Dakota Supreme Court · 1940