Bergman v. Jones
North Dakota Supreme Court
Appeal from District Court, Richland County, Glaspell, J. Action by Herman Bergman and another against Evan M. Jones, .'sheriff, for conversion of mortgaged property. From a judgment in favor of defendant, plaintiffs appeal. 'The appellant is entitled to tax costs under § 5579, Rev. Codes. Our statute is a copy of § § 304 and 305, New York Code of Civil Procedure, and has been construed. Griffin v. Brown, 35 How. Pr. .372; Ryan v. Doyle, 40 How.
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Appeal from District Court, Richland County, Glaspell, J. Action by Herman Bergman and another against Evan M. Jones, .'sheriff, for conversion of mortgaged property. From a judgment in favor of defendant, plaintiffs appeal. 'The appellant is entitled to tax costs under § 5579, Rev. Codes. Our statute is a copy of § § 304 and 305, New York Code of Civil Procedure, and has been construed. Griffin v. Brown, 35 How. Pr. .372; Ryan v. Doyle, 40 How. Pr. 2x5. It is not necessary for mortgagees to declare the mortgage due before they demand possession -of the mortgaged property from an attaching…
1Opinion of the CourtYoung, J.
The plaintiffs seek in this action to recover damages-from the defendant, as sheriff of Richland county, for the alleged conversion by him of a stock of general merchandise upon which the plaintiffs claim to have had a mortgage. Their damages are laid at the sum of $2,966.81, with interest thereon from the date of the alleged conversion. The facts and proceedings which are essential to a determination of the questions presented on this appeal may be stated as follows: The property in controversy, at and prior to its seizure by this defendant, was owned by a copartnership composed of August…
2Cases cited12 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Ransom v. Van DeventerNew York Supreme Court · 1863
- Heineman v. HartMichigan Supreme Court · 1884
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3Cited by3 opinions
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Wellens v. BeckNorth Dakota Supreme Court · 1957
- Weiprecht v. RippleCourt of Appeals of Maryland · 1958