Keith v. Haggart
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Cass county. It certainly does not savor of injustice to require an officer to pay, after he has by an unlawful levy brought on an expensive lawsuit, only the amount which the statute declares he shall pay before the levy is made, viz.,: the amount of the mortgage debt. The rule laid down by the trial court is fortified by numerous precedents, some of which are found in the decisions of the supreme court of California.
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Appeal from the district court of Cass county. It certainly does not savor of injustice to require an officer to pay, after he has by an unlawful levy brought on an expensive lawsuit, only the amount which the statute declares he shall pay before the levy is made, viz.,: the amount of the mortgage debt. The rule laid down by the trial court is fortified by numerous precedents, some of which are found in the decisions of the supreme court of California. Wood v. Franks, 56 Cal. 217; Berson v. Nunan, 63 Cal. 550; Worthington v. Hanna, 23 Mich. 530; 122 Mass. 303.
1Opinion of the CourtTripp, C. J.
This is an action brought by the plaintiff, John G. Keith, against the defendant, John E. Haggart, by which he seeks to recover for an alleged wrongful levey by the defendant as sheriff of Cass county, upon certain property upon which the .plaintiff held a chattel mortgage.
The complaint'alleges in substance that theretofore one Donald E. Keith became and was indebted to the plaintiff in the sum of $749.50, evidenced by a certain promissory note made and executed by said Donnald E. Keith, to the plaintiff, bearing interest at ten per cent per annum, dated January 1, 1874, and payable January…
2Cases cited5 opinions
- Wood v. FranksCalifornia Supreme Court · 1880
- Marsh v. LawrenceNew York Supreme Court · 1825
- Moulton v. ThompsonSupreme Court of Minnesota · 1879
- Manning v. MonaghanThe Superior Court of New York City · 1857
- Holbrook v. BakerSupreme Judicial Court of Maine · 1828
3Cited by8 opinions
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
- Moore v. CalvertSupreme Court of Oklahoma · 1899
- Straw v. JenksSupreme Court Of The Territory Of Dakota · 1889
- Coughran v. SundbackSouth Dakota Supreme Court · 1897
- Whittler v. SharpUtah Supreme Court · 1913
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