Aber v. Twichell
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. • Action by Mollie L. Aber against T. Twichell, sheriff. Judgment for plaintiff, and defendant appeals. Bill of sale to have effect must be delivered. Rev. Codes 190-5, section 4957; McMain v. Comonow, 10 N. D. 340, 87 N. W. 8; Triber v. Beckwith, 30 Wis. 55, 11 Am. Rep. 546; Munroe v. Bowles, 54 L. R. A. 865. The object of section 6951, Rev. 'Codes 1905, is the protection of the sheriff.
Read the full summary
Appeal from District Court, Cass county; Pollock, J. • Action by Mollie L. Aber against T. Twichell, sheriff. Judgment for plaintiff, and defendant appeals. Bill of sale to have effect must be delivered. Rev. Codes 190-5, section 4957; McMain v. Comonow, 10 N. D. 340, 87 N. W. 8; Triber v. Beckwith, 30 Wis. 55, 11 Am. Rep. 546; Munroe v. Bowles, 54 L. R. A. 865. The object of section 6951, Rev. 'Codes 1905, is the protection of the sheriff. Bradley v. Miller, 69 N. W. 426; Edson v. Newell, 14 Minn. 228 (Gil. 16-7); Barry v. McGrade, 14 Min. 163. Under an allegation of performance of a…
1Opinion of the CourtMorgan, C. J.
The defendant, as sheriff, levied writs of attachment upon property claimed by the plaintiff as owner. The writs were levied in actions brought by the Bristol & Sweet Company and the Dowaigac Manufacturing Company against plaintiff’s husband on an indebtedness due from him to said parties. This action is brought to recover damages by reason of the taking of what is claimed to be her property. A jury was impaneled, and at the close of the testimony, the trial court directed a verdict for the plaintiff on all questions, except as to the value of the property taken by each of such creditors. The…
2Cases cited19 opinions
- Lampsen v. BranderSupreme Court of Minnesota · 1881
- Butler v. WhiteSupreme Court of Minnesota · 1879
- Ohlson v. ManderfeldSupreme Court of Minnesota · 1881
- Kellogg v. BurrCalifornia Supreme Court · 1899
- Barry v. McGradeSupreme Court of Minnesota · 1869
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Buchanan v. Minneapolis Threshing Machine Co.North Dakota Supreme Court · 1908
- Mariner v. WasserNorth Dakota Supreme Court · 1908
- Northern Rock Island Plow Co. v. Hackett-Gates-Hurty Co.Supreme Court of Minnesota · 1925
- Ravely v. IsenseeNorth Dakota Supreme Court · 1928
- Probstfield v. HuntNorth Dakota Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.