Fox v. Mackenzie
North Dakota Supreme Court
PPEAL from district court, Bamsey county; Hon. Charles F. Templeton, Judge. The case was elaborately briefed on both sides, but as the opinion cites most of the cases they are not noted here.
1Opinion of the CourtCorliss, C. J.
The defendant and appellant, haying given the statutory undertaking to discharge the attachment under which his property had been seized, now insists that his right to have the attachment dissolved because improvidently issued is nevertheless unimpaired. The ground of the attachment was the non-residence of the defendant, and on the motion to dissolve it the defendant presented affidavits showing that the attachment affidavit was in that respect false. These affidavits, on the motion of the plaintiff, were stricken from, the files, the court below ruling that the right of defendant to move to…
2Cases cited25 opinions
- Pacific National Bank v. MixterSupreme Court of the United States · 1888
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Barry v. FoylesSupreme Court of the United States · 1828
- Haggart v. . MorganNew York Court of Appeals · 1851
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
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3Cited by8 opinions
- Brady v. OnffroyWashington Supreme Court · 1905
- St. Louis Cordage Mills v. Western Supply Co.Supreme Court of Oklahoma · 1916
- Moffitt v. GarrettSupreme Court of Oklahoma · 1909
- Anvil Gold Mining Co. v. HoxsieCourt of Appeals for the Ninth Circuit · 1903
- Leusch v. NickelNew Mexico Supreme Court · 1911
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