Legal Opinion

O. S. Paulson Mercantile Co. v. Seaver

North Dakota Supreme Court

Decided December 18, 1898PublishedCited by 5 opinions

Appeal from District Court, Traill County; McConnell, J. Action by the O. S. Paulson Mercantile Company against W. K. Seaver as sheriff of Traill county, for the conversion of a stock of merchandise, held by the defendant under a seizure upon warrant of attachment in an action by L. A. Shakman & Company against one O. S. Sletto. The trial resulted in a verdict for defendant. From an order granting a new trial, defendant appeals.

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Appeal from District Court, Traill County; McConnell, J. Action by the O. S. Paulson Mercantile Company against W. K. Seaver as sheriff of Traill county, for the conversion of a stock of merchandise, held by the defendant under a seizure upon warrant of attachment in an action by L. A. Shakman & Company against one O. S. Sletto. The trial resulted in a verdict for defendant. From an order granting a new trial, defendant appeals. The only error upon which a new trial was order by the lower court was the admission of evidence of statements made by Sletto and Paulson with reference to the…

1Opinion of the CourtBartholomew, C. J.

The plaintiff, the O. S. Paulson Mercantile Company, is a corporation. As such, it sues the defendant, Seaver, in conversion for the value of a certain stock of goods which was in a store building at Reynolds, in Traill county. It alleges that it was the owner of said stock, and'that the defendant wrongfully seized and converted the same. The defendant, by answer, denies plaintiff’s ownership and damages, and stated that, as sheriff of said Traill county, he seized said stock of merchandise under and by virtue of a writ of attachment duly issued out-of the District Court of said county, and…

2Cases cited5 opinions

  1. Hutchings v. CastleCalifornia Supreme Court · 1874
  2. Cuyler v. McCartneyNew York Supreme Court · 1860
  3. Boyd v. JonesSupreme Court of Missouri · 1875
  4. Drury v. HerveyMassachusetts Supreme Judicial Court · 1879
  5. Williams v. Christian Female CollegeSupreme Court of Missouri · 1860

3Cited by5 opinions

  1. Scovill Manufacturing Co. v. CassidyIllinois Supreme Court · 1916
  2. Clopton v. CloptonNorth Dakota Supreme Court · 1902
  3. Susemiehl v. Red River Lumber Co.Appellate Court of Illinois · 1940
  4. Rozan v. RozanNorth Dakota Supreme Court · 1964
  5. Rozan v. RozanNorth Dakota Supreme Court · 1964

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