Merchants National Bank v. Braithwaite
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. The plaintiff on the 15th day of April, 1886, recovered a judgment in the District Court of Burleigh County, Dakota Territory, against the defendants John A. McLean, and William Braithwaite for the sum of $973.35. The judgment was based upon a note on which Braithwaite was surety for McLean.
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Appeal from District Court, Burleigh County; Winchester, J. The plaintiff on the 15th day of April, 1886, recovered a judgment in the District Court of Burleigh County, Dakota Territory, against the defendants John A. McLean, and William Braithwaite for the sum of $973.35. The judgment was based upon a note on which Braithwaite was surety for McLean. Execution issued April. 17th, 1890 and was returned wholly unsatisfied May 25th, 1891. On the 10th day of January, 1894, the Judge of the District Court made an order for the examination of Braithwaite in supplementary proceedings, and…
1Opinion of the CourtCorliss, C. J.
This appeal is from two orders. One is an order denying defendant’s motion to set aside certain orders in proceedings supplementaiy to execution, and granting to the plaintiff certain relief, not necessary to be now specified. The other order required defendant to deposit in court a sum of money as a condition of vacating a restraining order issued in such proceedings. The sweeping assertion is made by counsel for defendant that the proceedings and all orders therein are void for want of jurisdiction in the judge by whose order such proceedings were instituted and by whom the different orders…
2Cases cited31 opinions
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