Park, Grant, & Morris v. Nordale
North Dakota Supreme Court
Appeal from the District Court of Cass County, Oole, J. Plaintiff appeals from a judgment - dismissing a garnishee action. A decision of the original state rendered subsequent to the adoption of a statute by another state has no more weight in the adopting state than that to-which it is entitled by reason of its intrinsic merit. Ger-mania etc. Co. v. Ross-Lewin (Colo.) 51 Pac. 488; Myers v. McGav-ock (Neb.) 58 N. W. 522; Barnes v. Lynch (Okla.) 59 Pac. 995; Wyoming etc.
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Appeal from the District Court of Cass County, Oole, J. Plaintiff appeals from a judgment - dismissing a garnishee action. A decision of the original state rendered subsequent to the adoption of a statute by another state has no more weight in the adopting state than that to-which it is entitled by reason of its intrinsic merit. Ger-mania etc. Co. v. Ross-Lewin (Colo.) 51 Pac. 488; Myers v. McGav-ock (Neb.) 58 N. W. 522; Barnes v. Lynch (Okla.) 59 Pac. 995; Wyoming etc. Co. v. State (Wyo.) 97 Pac. 337. The court of the adopting state will not blindly follow the construction given a particular…
1Opinion of the CourtChristianson, J.
This is an appeal in a garnishee action. It is undisputed that the garnishee summons and affidavit for garnishment, both in due and proper form, were served upon the defendant and the garnishee and filed with the clerk of the district court in the manner and within the time provided by law. The garnishee filed an affidavit admitting liability in the sum of $1,051.57. The defendant did not interpose an answer in the garnishee action (nor does the record show whether he interposed an answer in the main action), but he made a *354motion for a dismissal of tbe garnishee action on tbe ground tbat the…
2Cases cited2 opinions
- Orton v. NoonanWisconsin Supreme Court · 1871
- German American Bank v. Butler-Mueller Co.Wisconsin Supreme Court · 1894
3Cited by14 opinions
- Sargent County v. StateNorth Dakota Supreme Court · 1921
- Hermes v. MarkhamNorth Dakota Supreme Court · 1951
- Jones v. JerniganNew Mexico Supreme Court · 1924
- Thorson v. WeimerNorth Dakota Supreme Court · 1930
- Ruble v. SaretzkeNorth Dakota Supreme Court · 1933
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