Steidl v. Aitken
North Dakota Supreme Court
Appeal from tbe District Court of Walsb County, Kneeshcm, J. Action of claim and delivery to recover possession of personal property and damages for tbe taking and detention. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action in claim and delivery to recover the possession of certain horses and other personal property, and damages for tbe detention thereof. Tbe case was tried by tbe court without a jury.
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Appeal from tbe District Court of Walsb County, Kneeshcm, J. Action of claim and delivery to recover possession of personal property and damages for tbe taking and detention. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action in claim and delivery to recover the possession of certain horses and other personal property, and damages for tbe detention thereof. Tbe case was tried by tbe court without a jury. Tbe learned trial judge, among other things, found that on September 9, 1912, tbe plaintiff, Joseph Steidl, was tbe legal and rightful owner and in…
1Opinion of the CourtBruce, J.
(after stating the facts as above). In the case before us the finding’s of the court have the same effect as those of a jury. We cannot say that there is not only some, but much competent and creditable, testimony in support thereof, and such being the case, we are bound thereby. Jasper v. Hazen, 4 N. D. 1, 23 L.R.A. 58, 58 N. W. 454.
We are not called upon to decide in this case the much mooted question whether a belief in the insecurity of the debt, which is not founded upon the fact, will justify the taking possession of the property by the mortgagee before the maturity of the debt, nor are…
2Cases cited16 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Street v. SinclairSupreme Court of Alabama · 1881
- Dow v. DempseyWashington Supreme Court · 1899
- Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896
- McClure v. HillSupreme Court of Arkansas · 1880
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3Cited by8 opinions
- Larson v. Quanrud, Brink & ReiboldNorth Dakota Supreme Court · 1951
- Andersen v. ReslerNorth Dakota Supreme Court · 1929
- Hildenbrand v. Capital RV Center, Inc.North Dakota Supreme Court · 2011
- Harvey v. AnaconeSupreme Judicial Court of Maine · 1936
- Wellens v. BeckNorth Dakota Supreme Court · 1957
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