Holton v. Schmarback
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action by Theodore Holton and B. T. Holton against Charles Schmarback. Judgment for defendant, and plaintiffs appeal.
1Opinion of the CourtYoung, J.
On August 6, 1895, the plaintiff recovered a judgment for $91.45 in justice court against the defendant. On June 12, 1899, a transcript of the judgment was filed and docketed in the office of the clerk of the district court. On December 17, 1904, an execution was issued thereon by the clerk of the district court, and a levy was' made thereunder upon certain real estate belonging to the defendant, which was followed by a sale of the same on June 25, 1905, by the sheriff, at which sale the plaintiff was the purchaser. Thereafter, upon defendant’s application, the district court recalled and…
2Cases cited7 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Brown v. WuskoffIndiana Supreme Court · 1889
- Phelps v. McCollamNorth Dakota Supreme Court · 1901
- Kerns v. GravesCalifornia Supreme Court · 1864
- Williams v. RiceSouth Dakota Supreme Court · 1894
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3Cited by4 opinions
- Enderlin Investment Co. v. NordhagenNorth Dakota Supreme Court · 1909
- Thomas v. Higgs & CalderwoodWest Virginia Supreme Court · 1910
- Walker v. MarondaNorth Dakota Supreme Court · 1906
- Acme Harvester Co. v. MagillNorth Dakota Supreme Court · 1906