Smith v. Hart

‘This action was brought to- enforce defendant’s liability under 'Const., art. 18, § 3, and section 8937, Coda 1919, as stockholder in the failed Dakota State Bank of Salem. Garnishment process was served upon the garnishee Struck, who disclosed in response thereto that she had under her control the sum of $4,000 payable to defendant on a contract whereby she was purchasing from the defendant his homestead in Salem. It appears that the homestead property had a total- value of $4,500; the sum of $500 having -been previously paid by the garnishee to the defendant as part of the purchase price…