Legal Opinion

Wipperman Mercantile Co. v. Robbins

North Dakota Supreme Court

Decided March 4, 1912PublishedCited by 2 opinions

Appeal by plaintiff from a judgment of tbe District Court for Bichland County, Alien, J., in defendant’s favor in an action brought to recover for the conversion of certain property. Evidence admitted was hearsay and incompetent. Hopt v. Utah, 110 U. S. 574, 28 L. ed. 262, 4 Sup. Ct. Bep. '202, 4 Am. Grim. Bep. 417; I Greenl. Ev. p. 99, 1 Philipp’s, Ev. 169.; Mima Queen v. Hepburn, 7 Cranch, 290, 3 L. ed. 348, 6 Ene.

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Appeal by plaintiff from a judgment of tbe District Court for Bichland County, Alien, J., in defendant’s favor in an action brought to recover for the conversion of certain property. Evidence admitted was hearsay and incompetent. Hopt v. Utah, 110 U. S. 574, 28 L. ed. 262, 4 Sup. Ct. Bep. '202, 4 Am. Grim. Bep. 417; I Greenl. Ev. p. 99, 1 Philipp’s, Ev. 169.; Mima Queen v. Hepburn, 7 Cranch, 290, 3 L. ed. 348, 6 Ene. Ev. p. 443; Beagan v. McKibben, II S. D. 270, 76 N. W. 943; Began v. Whittaker, 14 S. D. 373, 85 N. W. 863; Stevens v. William Deering & Co. 6 S. D. 200, 60 N. W. 739; Anderson…

1Opinion of the CourtGoss, J.

The plaintiff corporation herein seeks to recover the value of certain property, claimed to be owned by it, but levied upon under attachment and sold on judgment rendered in an action between Gold-stein and Kuhlberg, as judgment creditors, against the Peter Fox Sons Company, as judgment debtors. This action arises out of such alleged wrongful levy on the property of the plaintiff, and turns on the issue of ownership and right of possession of the property as attached. If title had been vested by the Wipperman Mercantile Company, prior to the attachment in the Peter Fox Sons Company, and…

2Cases cited22 opinions

  1. Burgert v. BorchertSupreme Court of Missouri · 1875
  2. McDonald v. BayhaSupreme Court of Minnesota · 1904
  3. Stone v. BirdSupreme Court of Kansas · 1876
  4. Holman v. ClarkSupreme Court of Alabama · 1906
  5. Wallace Bros. v. RobesonSupreme Court of North Carolina · 1888

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3Cited by2 opinions

  1. Lake Grocery Co. v. ChiostriNorth Dakota Supreme Court · 1916
  2. State v. GreinerNorth Dakota Supreme Court · 1926

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