Mahon v. Fansett
North Dakota Supreme Court
Appeal from District Court,” Cavalier county; W. J. Kneeshaw, Judge. Action by John Mahon and J. S. Robinson against J. Preston Fansett and the Great Western Bank of Osnabrock, garnishee. Judgment for plaintiff, and defendants appeal. Defendant may plead exemptions in garnishment. Defendant may plead that property held by garnishee is exempt.
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Appeal from District Court,” Cavalier county; W. J. Kneeshaw, Judge. Action by John Mahon and J. S. Robinson against J. Preston Fansett and the Great Western Bank of Osnabrock, garnishee. Judgment for plaintiff, and defendants appeal. Defendant may plead exemptions in garnishment. Defendant may plead that property held by garnishee is exempt. Rev. Codes 1905, section 6981; 12 Enc. of Law, 185; chapter 41, Civil Code 1905; article 2, chapter 12, Code Civil Pro. 1905. Admission of “due and personal service,” waives any advantage available before such admission. 19 Enc. PI. & Pr. 703. Exemptions…
1Opinion of the CourtMorgan, C. J.
This is a garnishee action against the bank, based upon an action against the defendant Fansett upon an indebtedness due from him to the plaintiffs. The garnishee summons was served upon the bank and upon the defendant and both have appeared. The garnishee served its affidavit admitting. that it held in its possession the sum of $765.81 belonging to the defendant. The defendant answered nealy 60 days after the service of the garnishee summons, and alleged that the money held by the garnishee was exempt at the time of the making of the answer, but it contained no allegation that such money was…
2Cases cited14 opinions
- Jackson v. StanfieldIndiana Supreme Court · 1894
- Bullene v. HiattSupreme Court of Kansas · 1873
- Kelly v. DillSupreme Court of Minnesota · 1877
- Baird v. TriceTexas Supreme Court · 1879
- Hines v. DuncanSupreme Court of Alabama · 1885
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3Cited by8 opinions
- Petrie v. WymanNorth Dakota Supreme Court · 1916
- Burcell v. GoldsteinNorth Dakota Supreme Court · 1912
- Northern Shoe Co. v. CeckaNorth Dakota Supreme Court · 1912
- Bowman v. LarsenSouth Dakota Supreme Court · 1928
- Drake Marble & Tile Co. v. BjoraasSouth Dakota Supreme Court · 1916
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