Legal Opinion

Burcell v. Goldstein

North Dakota Supreme Court

Decided May 2, 1912PublishedCited by 9 opinions

Appeal by defendants from a judgment of the District Court for Grand Forks County; Son. Charles F. Templeton, J., in plaintiff’s favor in a garnishment action brought to recover a certain amount for .goods sold and delivered by plaintiff to defendants.

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Appeal by defendants from a judgment of the District Court for Grand Forks County; Son. Charles F. Templeton, J., in plaintiff’s favor in a garnishment action brought to recover a certain amount for .goods sold and delivered by plaintiff to defendants. This is an appeal from an action brought in the justice court to recover the sum of $47.40 for goods sold and delivered, in .which the-Hamburg, Bremen Insurance Company, and the National Hnion Fire-Insurance Company, were the garnishee defendants. Within three-days after the service of the garnishment summons, the defendant served upon the…

1Opinion of the CourtBbuce, J.

(after stating the facts as above). The questions to be determined upon this appeal are: (1) May a defendant against whom and whose garnishees judgment is taken in justice court by default, and who, prior to such judgment has served upon the constable a written claim for exemptions and a schedule of his personal property, as provided by § 7199, Rev. Codes 1905, but has neglected to file with the justice a schedule of his personal property as provided by § 8405, Rev. Codes 1905, as amended by chapter 131, Laws of 1909, upon a trial de *260novo in the district court and upon an appeal by the…

2Cases cited20 opinions

  1. Lockwood v. Exchange BankSupreme Court of the United States · 1903
  2. Powers Dry Goods Co. v. NelsonNorth Dakota Supreme Court · 1901
  3. In re LittleDistrict Court, N.D. Iowa · 1901
  4. Cavanaugh v. FenleySupreme Court of Minnesota · 1905
  5. In re BealsDistrict Court, D. Indiana · 1902

15 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. H. E. Westerman Lumber Co. v. RaschkeSupreme Court of Minnesota · 1927
  2. First International Bank v. LeeNorth Dakota Supreme Court · 1913
  3. Nomland Motor Company v. AlgerNorth Dakota Supreme Court · 1949
  4. Goodlad v. SmejkalSouth Dakota Supreme Court · 1922
  5. Ellis v. FiskeNorth Dakota Supreme Court · 1930

4 more not listed; retrieve them via the Exa API.

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