Kaeppler v. Red River Valley National Bank
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Carl A. Kaeppler against the Red River Valley National Bank of Fargo. Judgment for defendant, and plantifi appeals. The order of arrest was void, section 6013, Rev. Codes, under which it was procured, is unconstitutional in so far as it authorizes the arrest of an alleged insolvent.
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Appeal from District Court, Cass County; Pollock, J. Action by Carl A. Kaeppler against the Red River Valley National Bank of Fargo. Judgment for defendant, and plantifi appeals. The order of arrest was void, section 6013, Rev. Codes, under which it was procured, is unconstitutional in so far as it authorizes the arrest of an alleged insolvent. Art. I, Sec. 15, Const; Resser v. Hoyt, 18 N. W. Rep. 611. The jurisdiction to arrest on civil process except in specified instances is taken away. The power is exceptional and extraordinary, depending upon the statutes granting and limiting the…
1Opinion of the CourtBartholomew, C. J.
Plaintiff brought an action, as he claims, and as the Court instructed the jury, under section 4971, Rev. Codes, which reads: “Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages.” Under that section it is clear that an action might be brought for false imprisonment or for malicious prosecution.. The facts were that the defendant caused the arrest of plaintiff in insolvency proceedings in the District Court of Cass county, and the defendant was held by the sheriff under…
2Cases cited21 opinions
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Wachsmuth v. Merchants' National BankMichigan Supreme Court · 1893
- Brown v. KelleyMichigan Supreme Court · 1870
- Sheridan v. BriggsMichigan Supreme Court · 1884
- Bonesteel v. BonesteelWisconsin Supreme Court · 1871
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3Cited by6 opinions
- Buehner v. HoevenNorth Dakota Supreme Court · 1975
- State v. McGaheyNorth Dakota Supreme Court · 1904
- State ex rel. Harvey v. NewtonNorth Dakota Supreme Court · 1907
- Mathews v. HansonNorth Dakota Supreme Court · 1910
- Schwoebel v. FuginaNorth Dakota Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.