Farmers National Bank v. Ferguson
North Dakota Supreme Court
Appeal from District Court of Dickey County, Frank P. Alien, J. From a judgment in defendant’s favor, plaintiff appeals. Since all evidence offered by appellant on the trial was received without objection, and respondents offered no evidence, it is clear and it follows that if appellant made out a prima facie case, the judgment of the lower court was erroneous. Ijarson v. Hanson, 21 N. D. 411, 131 N. W. 229; Boley v. Griswold, 87 IJ.
Read the full summary
Appeal from District Court of Dickey County, Frank P. Alien, J. From a judgment in defendant’s favor, plaintiff appeals. Since all evidence offered by appellant on the trial was received without objection, and respondents offered no evidence, it is clear and it follows that if appellant made out a prima facie case, the judgment of the lower court was erroneous. Ijarson v. Hanson, 21 N. D. 411, 131 N. W. 229; Boley v. Griswold, 87 IJ. S. 486, 22 L. ed. 375; Burton v. Platter, 4 O. 0. A. 95‘, 10 IJ. S. App. 657, 53 Ped. 908; Selby v. Mc-Quillan, 59 Neb. 158, 80 N. W. 504. Tbe lower court…
1Opinion of the CourtFisk, J.
This is an action on a redelivery bond executed and delivered by the defendants in claim and delivery proceedings. The answering defendants, Austin, Dunton, and Crabtree, are sureties merely on such undertaking.
The facts, briefly stated, are as follows: In November, 1910, plaintiff commenced an action against the defendants George and William Ferguson for the recovery of the possession of certain personal property. In such action the provisional remedy of claim and delivery was invoked by plaintiff, and the property in controversy taken from defendants’ possession. Thereafter the redelivery…
2Cases cited5 opinions
- Fitzhugh v. . WimanNew York Court of Appeals · 1854
- New England Furniture & Carpet Co. v. BryantSupreme Court of Minnesota · 1896
- Larson v. HansonNorth Dakota Supreme Court · 1913
- Larson v. HansonNorth Dakota Supreme Court · 1911
- Smith v. WilloughbyNorth Dakota Supreme Court · 1912
3Cited by3 opinions
- Wilkins v. WillimonSupreme Court of South Carolina · 1924
- Clark v. EllingsonNorth Dakota Supreme Court · 1916
- First State Bank v. BradleyNorth Dakota Supreme Court · 1928