Legal Opinion

Anderson v. Phillips

North Dakota Supreme Court

Decided October 25, 1918PublishedCited by 4 opinions

Appeal from the District Court of Towner County, Honorable C. W. Butiz, Judge. Plaintiff appeals from an order denying an alternative motion for judgment notwithstanding the verdict or for a new trial. After judgment in claim and delivery directing a return of the property seized and rebonded by defendant, it is defendant’s duty to at once return the property in the same condition as when taken. Oobbe, Replevin, § 1182; Capital Lumber Co. v. Learned, 30 Or. 544, 78 Am.

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Appeal from the District Court of Towner County, Honorable C. W. Butiz, Judge. Plaintiff appeals from an order denying an alternative motion for judgment notwithstanding the verdict or for a new trial. After judgment in claim and delivery directing a return of the property seized and rebonded by defendant, it is defendant’s duty to at once return the property in the same condition as when taken. Oobbe, Replevin, § 1182; Capital Lumber Co. v. Learned, 30 Or. 544, 78 Am. St. Rep. 792; 34 Cyc. 1575 and cases cited. After suit is brought on the redelivery bond, an offer to return cannot prevent a…

1Opinion of the CourtChristianson, J.

The plaintiff Anderson brought an action to recover of the defendant Phillips the possession of the following farm machinery, to wit:

One Acme Queen binder, 8 ft. with trucks.

One Acme Giant mower, 5 ft. cut.

One Acme Lark rake.

One Deere & Webber wagon, gear S>-}.

One Rumely steel oil tank.

■ One wood water tank.

One Rumely Oil Pull Tractor, Type F.

One 18 H. P. Gaar Scott Engine No. 8929.

One Gaar Scott Separator 33".

The plaintiff also instituted claim and delivery proceedings ancillary to the action and the property was taken from the defendant Phillips by the sheriff of Towner county under such…

2Cases cited5 opinions

  1. Sargent v. CooleyNorth Dakota Supreme Court · 1902
  2. State Bank v. Bismarck Elevator & Investment Co.North Dakota Supreme Court · 1915
  3. West v. Northern Pacific Railway Co.North Dakota Supreme Court · 1904
  4. Johns v. RuffNorth Dakota Supreme Court · 1903
  5. Vallancy v. HuntNorth Dakota Supreme Court · 1914

3Cited by4 opinions

  1. Carson State Bank v. Grant Grain Co.North Dakota Supreme Court · 1924
  2. Gross v. MillerNorth Dakota Supreme Court · 1924
  3. Delaloye v. KaisershotNorth Dakota Supreme Court · 1943
  4. First State Bank v. BradleyNorth Dakota Supreme Court · 1928

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