Legal Opinion

Welsh v. Barnes

North Dakota Supreme Court

Decided November 7, 1895PublishedCited by 4 opinions

Appeal from District Court, Cass County; McConnell, J. Action by Thomas H. Welsh against O. G. Barnes, sheriff. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtCorliss, J.

This case presents a contest between a - stable keeper claiming a lien on a mare for the feeding and care of her, and an attaching creditor, whose attachment was levied on the mare while she was temporarily in the possession of the owner thereof. The plaintiff, who was the stable keeper, brought replevin against the defendant, who was the sheriff by whom the levy was made. The defendant sought to justify under the writ. At the time he made the levy there was owing the plaintiff, for feeding and caring for this mare, something over $50. Plaintiff claimed a right to the possession of the mare…

2Cases cited3 opinions

  1. State ex rel. Vette v. ShevlinMissouri Court of Appeals · 1886
  2. Walls v. LongIndiana Court of Appeals · 1891
  3. Ferriss v. SchreinerSupreme Court of Minnesota · 1890

3Cited by4 opinions

  1. Johanns v. . FickeNew York Court of Appeals · 1918
  2. Huie v. Soo HooAppellate Division of the Superior Court of California · 1933
  3. Pacific States Finance Corp. v. FreitasCalifornia Court of Appeal · 1931
  4. Moore v. WhiteheadLicking County Court of Common Pleas · 1908

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