Coverdell v. Erickson
North Dakota Supreme Court
Action of conversion against the sheriff. Appeal from the District Court of Williams County, Honorable Frank E. Fisk, Judge. Judgment for plaintiffs. Defendant appeals. The right to the possession of the property upon which levy was made, was in Haynes, who made the affidavit of claim by third party, as plaintiff’s agent. His relation to plaintiff was that of factor. Comp.
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Action of conversion against the sheriff. Appeal from the District Court of Williams County, Honorable Frank E. Fisk, Judge. Judgment for plaintiffs. Defendant appeals. The right to the possession of the property upon which levy was made, was in Haynes, who made the affidavit of claim by third party, as plaintiff’s agent. His relation to plaintiff was that of factor. Comp. Laws 1913, §§-6145, 6369, 6371, 6867; 8 L.R.A.(N.S.) 474; Turner v. Crumpton, 24'N. D. 294; 9 C. J. 510; 19 Cyc..ll6; Rosenbaum v. Hayes, 5 N. D. 476; Rosenbaum v. Haynes, 8 N. D. 461. The goods were placed with Haynes for…
1Opinion of the Court
Bruce, Ch. J.
This is an action'against the sheriff, alleging a conversion of a carload of potatoes belonging to the plaintiff by reason of an attachment in' a ease in which W. J. Nelly was plaintiff and T. B. Haynes the defendant. The potatoes were sold as perishable matter under a stipulation of the parties to the attachment. Before the sale, however, a third-party claim was served on the sheriff by T. B. Haynes, but as agent for the plaintiffs, Coverdell and Bratt. The material part of the third-party claim was as follows:
Affiant further says that the said property so seized was not at the…
2Cases cited3 opinions
- Rosenbaum Bros. & Co. v. HayesNorth Dakota Supreme Court · 1896
- Ames v. PalmerSupreme Judicial Court of Maine · 1856
- McFarlane v. DickSupreme Court of Iowa · 1909
3Cited by3 opinions
- Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Farmers Livestock Exchange of Bismarck, Inc. v. UlmerNorth Dakota Supreme Court · 1986
- Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940