Rosenbaum v. Hayes
North Dakota Supreme Court
Appeal from District Court, Morton County; Fisk, J. Action by .Morris Rosenbaum and others against Jerry Hayes, sheriff. Judgment for plaintiffs, and defendant appeals. This case has been twice before the court.
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Appeal from District Court, Morton County; Fisk, J. Action by .Morris Rosenbaum and others against Jerry Hayes, sheriff. Judgment for plaintiffs, and defendant appeals. This case has been twice before the court. Rosenbaum v. Hayes, 5 N. D. 476; Rosenbaum v. Hayes, 8 N. D. 461. Possession of the sheep, by the plaintiffs, upon the range during the summer would not be sufficient to create a lien in favor of the plaintiffs as factors for the reason that a factor has a lien only upon such property of his principal as comes into his hands in the ordinary course of business as a factor. 2 Kents Com.…
1Opinion of the CourtYoung, J.
This action was commenced in the District Court 'of Stark county on August 1, 1893, to recover the possession or value of 5,600 sheep owned by Beasley & Co., which sheep the defendant seized and took into his possession -four days prior thereto, as sheriff of said county, under a warrant of attachment issued out of said court at the suit of Joseph Gans against the property of said Beasley & Co. Such proceedings were had by plaintiffs that the sheep in question were taken possession of by the county coroner of said county at the date of the service of the summons and complaint herein. Within…
2Cases cited53 opinions
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- Cordova v. HoodSupreme Court of the United States · 1873
- Payne v. . WilsonNew York Court of Appeals · 1878
- Cary v. . WhiteNew York Court of Appeals · 1873
- Elwood v. DeifendorfNew York Supreme Court · 1848
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3Cited by1 opinion
- Drinkall v. Movius State BankNorth Dakota Supreme Court · 1901