Rosenbaum v. Hayes
North Dakota Supreme Court
Appeal from District Court, Morton County; Winchester, J. Action by Morris Rosenbaum and others against Jerry Hayes, as sheriff of Stark county. Judgment for defendant, and plaintiffs appeal. It has once been held in this case that under the evidence the question of delivery of possession was a question of fact. Rosenbaum v. Hayes, 5 N. D. 477. Defendant’s motion for a directed verdict was equivalent to a demurrer to the evidence, and the rule in such cases is well settled.
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Appeal from District Court, Morton County; Winchester, J. Action by Morris Rosenbaum and others against Jerry Hayes, as sheriff of Stark county. Judgment for defendant, and plaintiffs appeal. It has once been held in this case that under the evidence the question of delivery of possession was a question of fact. Rosenbaum v. Hayes, 5 N. D. 477. Defendant’s motion for a directed verdict was equivalent to a demurrer to the evidence, and the rule in such cases is well settled. Cameron v. The Great Northern Railway, 8 N. D. 124, 77 N. W. Rep. 1016. It was not necessary to show the authority of…
1Opinion of the CourtBartholomew, C. J.
The opinion upon a former appeal may be found in 5 N. D. 476, 67 N. W. Rep. 951. We restate the facts as there stated: The plaintiffs are seeking to recover in replevin the possession of 5,600 sheep from the defendant, who, as sheriff, seized them on attachment against George M. Beasley & Co. The plaintiffs base their right to possession upon a factor’s lien for a general balance due them from Beasley & Co. on account of advances made by them as commission merchants to Beasley & Co. under an agreement that Beasley & Co. were to purchase sheep, and consign them to plaintiffs, in the City of…
2Cases cited7 opinions
- Everett v. SaltusNew York Supreme Court · 1836
- Cox v. HarrisSupreme Court of Arkansas · 1897
- Wingard v. BanningCalifornia Supreme Court · 1870
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
- Hudson v. . SwanNew York Court of Appeals · 1881
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3Cited by4 opinions
- Ashton v. Burke (In Re Burke)United States Bankruptcy Court, D. North Dakota · 1988
- Thompson v. Hannah Farmers Cooperative Elevator Co.North Dakota Supreme Court · 1956
- Rosenbaum v. HayesNorth Dakota Supreme Court · 1901
- Rosenbaum v. HayesNorth Dakota Supreme Court · 1899