Citizens State Bank v. Smeland
North Dakota Supreme Court
Action to vacate a judgment in Morton County, Berry, J. Plaintiff has appealed from an order sustaining a demurrer. The right to proceed by garnishment is purely a statutory right and the statute must be substantially complied with to confer and preserve the jurisdiction of the Court in such proceedings.
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Action to vacate a judgment in Morton County, Berry, J. Plaintiff has appealed from an order sustaining a demurrer. The right to proceed by garnishment is purely a statutory right and the statute must be substantially complied with to confer and preserve the jurisdiction of the Court in such proceedings. McPhee v. Nidda, m Pac. 1149 (Wash.). “A summons is issued when it is duly drawn and signed with the intention that it be served.” § 7383 Compiled Laws 1913; Smith v. Nicholson, 5 N. D. 426; § 7438 Compiled Laws 1913; Atwood v. Tucker, 26 N. Dak. 637. “The statutory remedy by motion, is,…
1Opinion of the CourtBronson, J.
This is an action to vacate a judgment against the plaintiff as garnishee. An appeal has been taken from an order sustaining a demurrer to the complaint. Among other things, the complaint sets forth the following allegations: On January 3, 1918, the defendant prepared a summons and complaint in an action against one Flynn, also a garnishment summons and affidavit therein, naming the plaintiff herein as garnishee. On January 8, 1918, the garnishment summons and affidavit were served upon the garnishee. On -January 12, 1918, the garnishee disclosed the possession of a note for about $340, owned…
Also in this document: Concurrence.
2Cases cited6 opinions
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
- Freeman v. WoodNorth Dakota Supreme Court · 1901
- Rhode Island Hospital Trust Co. v. KeeneyNorth Dakota Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hamilton v. HamiltonNorth Dakota Supreme Court · 1987
- Wayne-Juntunen Fertilizer Co. v. LassondeNorth Dakota Supreme Court · 1990
- Elliot v. Drayton Public School District No. 19North Dakota Supreme Court · 1987
- Tabour Realty Co. v. NedsonSouth Dakota Supreme Court · 1930
- Union Storage & Transfer Co. v. SmithNorth Dakota Supreme Court · 1953
2 more not listed; retrieve them via the Exa API.