Kukowski v. Emerson-Brantingham Implement Co.
North Dakota Supreme Court
Appeal from. District Court of Golden Valley County, Crawford, There is no statutory liability on tbe part of tbe attaching auditor for the safe-keeping of the property attached. Comp. Laws 1913, §§ 4431, 7540, 7542, 7543, 7553, 7559. “The sheriff must deliver over to the defendant or to the person entitled thereto, on reasonable demand, all of the attached personal property remaining in his hands.” Comp.
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Appeal from. District Court of Golden Valley County, Crawford, There is no statutory liability on tbe part of tbe attaching auditor for the safe-keeping of the property attached. Comp. Laws 1913, §§ 4431, 7540, 7542, 7543, 7553, 7559. “The sheriff must deliver over to the defendant or to the person entitled thereto, on reasonable demand, all of the attached personal property remaining in his hands.” Comp. Laws 1913, § 7562. Where plaintiff’s judgment is satisfied, the sheriff must surrender the property to the defendant. Comp. Laws 1913, § 7563. This appellant is not liable jointly with the…
1Opinion of the CourtBirdzell, J.
This is an action to recover damages sustained by the plaintiff through the dismantling of a gas tractor and the loss of its various parts, alleged to have been occasioned by the lack of care of the engine on the part of the sheriff who had seized it under a warrant of attachment. The action is against the sheriff who seized it, the attaching creditor, and the surety upon the official bond of the former. From a judgment in favor of the plaintiff against all the defendants for $3,253.32, each of the defendants has perfected a separate appeal. The facts necessary to an understanding of the…
2Cases cited4 opinions
- McKay v. HarrowerNew York Supreme Court · 1858
- Bailey v. HallSupreme Judicial Court of Maine · 1839
- Briggs v. TaylorSupreme Court of Vermont · 1862
- Matter of DawsonNew York Court of Appeals · 1888
3Cited by2 opinions
- Mickelson v. WilliamsWashington Supreme Court · 1957
- Citizens' State Bank v. SorleinNorth Dakota Supreme Court · 1921