Conrad v. Smith
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by W. S. Conrad against Charles W. Smith, sheriff of Cass County. Judgment for plaintiff. Defendant appeals. This case is controlled by § 4657, Comp. Laws. To apply the amendment as contained in Ch. 78, Laws 1893, to this case would be to give the amendment retroactive effect. A statute should not receive such construction as to make it impair existing rights.
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Appeal from District Court, Cass County; McConnell, J. Action by W. S. Conrad against Charles W. Smith, sheriff of Cass County. Judgment for plaintiff. Defendant appeals. This case is controlled by § 4657, Comp. Laws. To apply the amendment as contained in Ch. 78, Laws 1893, to this case would be to give the amendment retroactive effect. A statute should not receive such construction as to make it impair existing rights. New obligations, impose no duties in respect to past transactions unless such plainly appears to be the intention of the legislature. South, on St. Cr. § 464; Potter’s Dwaris…
1Opinion of the CourtCorliss, C. J.
This cause is before us a second time upon substantially the same facts. 2 N. D. 408, 51 N. W. Rep. 720. On the former appeal we held that the case fell within the provisions of § 4657, Comp. Laws, and that, therefore, a conclusive presumption of fraud arose in favor of the attaching creditor who was a creditor of the vendor of the property attempted to be sold. The action was against the sheriff for the conversion of a stallion. The sheriff justified under a warrant of attachment issued against one J. H. McKee, once the owner of the stallion, and upon the trial he took the position that the…
2Cases cited3 opinions
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Webb v. DenSupreme Court of the United States · 1854
- Conrad v. SmithNorth Dakota Supreme Court · 1892
3Cited by4 opinions
- State Ex Rel. Cleveringa v. KleinNorth Dakota Supreme Court · 1933
- State v. UnterseherNorth Dakota Supreme Court · 1977
- Schaffner v. YoungNorth Dakota Supreme Court · 1901
- First Methodist Episcopal Church v. FaddenNorth Dakota Supreme Court · 1898