Avery Manufacturing Co. v. Crumb
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the Avery Manufacturing Company against Leo H. Smith. Judgment for defendant, and plaintiff appeals. The right of trial by jury is preserved in substance as it existed at the adoption of the constitution, and in the classes of cases to which it was then applicable. Cooley’s Const. Limitations, 506; 6 Am. & Eng. Enc. Law (2d Ed.) 974; Flint River Steamboat Co. v. Foster, 5 Ga. 194, 48 Am.
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Appeal from District Court, Cass county; Pollock, J. Action by the Avery Manufacturing Company against Leo H. Smith. Judgment for defendant, and plaintiff appeals. The right of trial by jury is preserved in substance as it existed at the adoption of the constitution, and in the classes of cases to which it was then applicable. Cooley’s Const. Limitations, 506; 6 Am. & Eng. Enc. Law (2d Ed.) 974; Flint River Steamboat Co. v. Foster, 5 Ga. 194, 48 Am. Dec. 248; Lake Erie, etc., Rjc Co. v. Heath, 9 Ind. 558; Byers v. Commonwealth, 42 Pa. 89; W'hallon v. Bancroft, 4 Minn. 109-; Mead v. Walker, 17…
1Opinion of the CourtMorgan, C. J.
Plaintiff brought this action to foreclose a chattel mortgage upon stock and grain given to it by the defendant Crumb. The defendants L. H. Smith and O. P. Smith are made defendants, as owners of other chattel mortgages upon the stock, and of a seed lien on the grain. The relief prayed for is the foreclosure of the plaintiff’s mortgages, and that defendants’ lien and mortgages/be declared inferior to plaintiff’s lien upon the property. The complaint shows that the plaintiff obtained possession of the property covered by its mortgage, and had possession of the same when this action was…
Also in this document: Concurrence.
2Cases cited6 opinions
- Gull River Lumber Co. v. KeefeSupreme Court Of The Territory Of Dakota · 1889
- Bates v. GageCalifornia Supreme Court · 1874
- Prondzinski v. GarbuttNorth Dakota Supreme Court · 1898
- Grim v. NorrisCalifornia Supreme Court · 1861
- O'Toole v. OmlieNorth Dakota Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- General Electric Credit Corp. v. RichmanNorth Dakota Supreme Court · 1983
- Landers v. GoetzNorth Dakota Supreme Court · 1978
- Schutt v. Federal Land BankNorth Dakota Supreme Court · 1942
- Gresens v. MartinNorth Dakota Supreme Court · 1914
- Schmidt v. JohnstoneNorth Dakota Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.