Siebolt v. Konatz Saddlery Co.
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Burke, J. Action by John Siebolt against the Konatz Saddlery Company and others. Judgment for defendants, and plaintiff appeals. For a failure in one of the conditions of an undertaking in replevin, action will lie thereon, although the others are kept. Wells on Replevin, section 413. “To prosecute with effect,” is to prosecute to a successful issue. Cobbey on Replevin, section 1253; Wells on Replevin, section 415; 24 Am. & Eng.
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Appeal from District Court, Stutsman county; Burke, J. Action by John Siebolt against the Konatz Saddlery Company and others. Judgment for defendants, and plaintiff appeals. For a failure in one of the conditions of an undertaking in replevin, action will lie thereon, although the others are kept. Wells on Replevin, section 413. “To prosecute with effect,” is to prosecute to a successful issue. Cobbey on Replevin, section 1253; Wells on Replevin, section 415; 24 Am. & Eng. Enc. Law (2d Ed.) 540. Dismissal of suit for failure of jurisdiction, negligent failure of plaintiff to prosecute with…
1Opinion of the CourtMorgan, C. J.
The plaintiff in this action was the defendant in an action in claim and delivery brought by the Konatz Saddlery Company in justice court. The other defendants were sureties on the undertaking given by the plaintiff in that action. The present defendant, who was plaintiff in the replevin case, recovered a judgment in that court for the possession of the property involved in that suit. The defendant therein appealed to the district court on questions of law alone, and recovered a judgment that the judgment appealed from was void for the reason that the justice adjourned the,case at the close…
2Cases cited4 opinions
- Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896
- Pearl v. GarlockMichigan Supreme Court · 1886
- Campau v. GillettMichigan Supreme Court · 1850
- Kidder v. MerryhewMichigan Supreme Court · 1875
3Cited by4 opinions
- Larson v. Quanrud, Brink & ReiboldNorth Dakota Supreme Court · 1951
- Davis Bros. v. WallaceSupreme Court of North Carolina · 1925
- Production Credit Ass'n v. HalversonNorth Dakota Supreme Court · 1986
- Larson v. Quanrud, Brink & ReiboldNorth Dakota Supreme Court · 1951