Bismarck Grocery Co. v. Yeager
North Dakota Supreme Court
Appeal from tbe District Court, Burleigh county; Winchester¡, 'Judge. Action by the Bismarck Grocery Company against A. H. Yeager. The Springfield Fire & Marine Insurance Company, garnishee. Judgment for defendant, and plaintiff appeals. One seeking relief from a default judgment must act promptly, and furnish affidavit of merits.
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Appeal from tbe District Court, Burleigh county; Winchester¡, 'Judge. Action by the Bismarck Grocery Company against A. H. Yeager. The Springfield Fire & Marine Insurance Company, garnishee. Judgment for defendant, and plaintiff appeals. One seeking relief from a default judgment must act promptly, and furnish affidavit of merits. Wheeler v. Castor, 11 N. D. 347, 61 L.B.A. 746, 92 N. W. 381; Sargent v. Kindred, 5 N. D. 8, 63 N. W. 151. Must show a defense, and that there is nothing to render it nugatory. Morgan v. McDonald, 70 Cal. 32, 11 Pac. 350; Burnham v. Smith, 11 Wis. 259; Freeman,…
1Opinion of the CourtBurke, J.
Upon February, 14, 1908, when fire destroyed defendant’s store and contents, he was indebted to many creditors, including plaintiff, to whom he owed over $700. Six insurance companies sustained losses upon policies of insurance, this garnishee being liable upon a policy of $1,000. The funds in the hands of the insurance companies were garnisheed by the different creditors. This garnishee was served with some five or six garnishee summonses, this plaintiff having the fifth claim upon the funds in its hands. This suit was begun March 25, 1908, and judgment was entered against this garnishee by *549d…
2Cases cited2 opinions
- Sargent v. KindredNorth Dakota Supreme Court · 1895
- Woodward v. BackusCalifornia Supreme Court · 1862
3Cited by3 opinions
- Lobe v. BartaschawichNorth Dakota Supreme Court · 1917
- Jesse French & Sons Piano Co. v. GettsNorth Dakota Supreme Court · 1923
- First State Bank v. KrenelkaNorth Dakota Supreme Court · 1912