Northern Shoe Co. v. Cecka
North Dakota Supreme Court
Appeal from District Court, Nelson county; Charles F. Templeton, J. From an order denying defendant’s motion to quash certain attachment proceedings and to dismiss the action, defendant appeals. Statement of Facts. The facts are not in dispute, and are as follows: During 1908, 1909, and part of 1910 the appellant owned and conducted a store at Michigan City, in Nelson county, North Dakota.
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Appeal from District Court, Nelson county; Charles F. Templeton, J. From an order denying defendant’s motion to quash certain attachment proceedings and to dismiss the action, defendant appeals. Statement of Facts. The facts are not in dispute, and are as follows: During 1908, 1909, and part of 1910 the appellant owned and conducted a store at Michigan City, in Nelson county, North Dakota. He "bbught shoes, etc., from the respondent, valued at $3,181.24, and made partial payments amounting to $2,439.68, and owed respondent $741.-56 as a balance on open account. March 25, 1910, respondent sued…
1Opinion of the CourtFisk, J.
(after stating the facts as above). A sufficient answer to appellant’s first contention is the fact that it is clear, from the record, that the question of the sufficiency of the affidavit for attachment was not raised or passed upon in the court below. Mahon v. Fansett, 17 N. D. 104, 115 N. W. 79.
Appellant’s other and chief contention, as we understand it, is in effect that respondent, by its conduct in abandoning its first attachment and consenting that the property be turned over to the trustee in bankruptcy, and by filing its claim in the bankruptcy court as an unsecured creditor; and…
2Cases cited11 opinions
- Powers Dry Goods Co. v. NelsonNorth Dakota Supreme Court · 1901
- In re LittleDistrict Court, N.D. Iowa · 1901
- In re WellsDistrict Court, W.D. Arkansas · 1900
- Jewett Bros. v. HuffmanNorth Dakota Supreme Court · 1905
- In re DurhamDistrict Court, E.D. Arkansas · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Johnson v. TurnholtSupreme Court of Iowa · 1925
- Gray v. ArnotNorth Dakota Supreme Court · 1915
- Ellis v. FiskeNorth Dakota Supreme Court · 1930
- Klimpel v. HaykoNorth Dakota Supreme Court · 1921
- Bracewell v. HughesSupreme Court of Iowa · 1931
1 more not listed; retrieve them via the Exa API.