Martin v. Hawthorne
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Rose, J. Action by Owen Martin against William R. Hawthorne and another to recover the value of grain sold under a thresher’s lien. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtBartholomew, J.
This case is in this court for the second time. The decision on the first appeal is reported in 3 N. D. 412, 57 N. W. 87. The action is, in brief, for the recovery of the value of certain grain belonging to plaintiff, which was seized and sold by defendants, who justify the act under a thresher’s lien. The second trial was by the court by consent of parties, and defendants again prevailed. The case was tried after Ch. 82, Laws 1893, went into effect, and must be governed by the provisions of that act, which require all actions tried by the court where issue has been joined to be tried by…
2Cases cited3 opinions
- Johnson v. DayNorth Dakota Supreme Court · 1891
- Martin v. HawthornNorth Dakota Supreme Court · 1893
- Taylor v. TaylorNorth Dakota Supreme Court · 1895
3Cited by5 opinions
- McCarty v. GoodsmanNorth Dakota Supreme Court · 1918
- Moher v. RasmussonNorth Dakota Supreme Court · 1903
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Gorthy v. JarvisNorth Dakota Supreme Court · 1906
- Houglum v. BrowkowskiNorth Dakota Supreme Court · 1916