Larson v. Hanson
North Dakota Supreme Court
Appeal from a judgment of tbe District Court of Stutsman County, Burr, Special Judge. Statement by SpaldiNg, Ch. J. The story of the litigation leading to this appeal may be epitomized as follows. In November, 1906, appellant Larson brought an action in claim and delivery against one Foley, and process was placed in the hands of the appellant Walker, as an officer, for service.
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Appeal from a judgment of tbe District Court of Stutsman County, Burr, Special Judge. Statement by SpaldiNg, Ch. J. The story of the litigation leading to this appeal may be epitomized as follows. In November, 1906, appellant Larson brought an action in claim and delivery against one Foley, and process was placed in the hands of the appellant Walker, as an officer, for service. Walker took into his possession under the process ten horses, three cows, three calves, thirty-five Hogs, and some other property, at the village of Kensal, in Stutsman county. Not having means for earing for the live…
1Opinion of the Court
SualdiNG, Ch. J.
(after stating the facts). Did the order of the court and judgment entered thereon, on motion of the attorney for the two Cavens, made either with the consent of the plaintiff’s attorneys in the replevin action, or without objection on their part, dismissing W. L. Caven, one of the defendants therein, “from said cause of action,” discharge the sureties from liability upon the redelivery undertaking executed by the two Cavens as principals, and the respondents herein as sureties ?
The action of claim and delivery is to secure the possession of personal property belonging to the…
2Cases cited26 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
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- Sweeney v. LommeSupreme Court of the United States · 1874
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- Crane Co. v. SpechtNebraska Supreme Court · 1894
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3Cited by6 opinions
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