Dakota National Bank v. Brodie
North Dakota Supreme Court
From a judgment of the District Court, Stark County, Crawford,y J., in favor of the plaintiff and against the garnishee, the latter has appealed.
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From a judgment of the District Court, Stark County, Crawford,y J., in favor of the plaintiff and against the garnishee, the latter has appealed. Actual service upon the garnishee is required, and failure to comply with the statute in respect to service is not waived by the voluntary appearance of the garnishee so as to confer jurisdiction upon the court. 20 Cyc. 1050 (f); Altona v. Babney, 62 Pac. 521; Phoenix Bridge Co. v. Street, 60 Pac. 221; 2 Sutherland, PI. § 2751, p. 1753. The declaration in an action for deceit must clearly and distinctly allege all the essential elements of…
1Opinion of the CourtBronson, J.
This is an appeal from judgment of the district court in favor of the plaintiff and against the garnishee, the appellant herein. On December 31, 1918, the plaintiff instituted an action to recover the amount of a promissory note made by the defendant, upon grounds of false representations, as alleged, that the defendant was the owner of certain lands, in McKenzie county. Garnishee process was then served upon the appellant herein, as a garnishee. His garnishee fees were not then paid, but, later in the day, were tendered to and received by him, but, afterwards in the evening of the same day,…
2Cases cited6 opinions
- Anderson v. First National BankNorth Dakota Supreme Court · 1897
- Petrie v. WymanNorth Dakota Supreme Court · 1916
- Shortridge v. SturdivantNorth Dakota Supreme Court · 1915
- May v. GesellschaftIllinois Supreme Court · 1904
- Patterson v. PlummerNorth Dakota Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Loth v. LothSupreme Court of Minnesota · 1949
- Federal Express Corp. v. Tennessee State Board of EqualizationTennessee Supreme Court · 1986