Mees v. Ereth

MESCHKE, Justice.

Eleanor and Kenneth Ereth appealed from a post judgment order by the district court denying their motion to direct the Burleigh County sheriff to return, as exempt, their Norwest Bank funds that he had seized by an execution levy. We reverse and remand.

Lawrence and Jacqueline Mees obtained a money judgment for $35,609.50 against the Ereths. After the clerk of the district court issued an execution on the judgment, the Meeses’ attorney requested the sheriff to levy upon the Ereths’ funds at Norwest Bank. A deputy sheriff served notice of the execution levy on Norwest Bank on…