Freeman v. Wood
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Kneeshaw, J. Action by Louis Freeman and others against W. B. Wood. Judgment for defendant and plaintiffs appeal. The fallacy of the court in its former decision in this action is in its failure to distinguish between the case at bar and the decision of this court in Kitzman v. Minnesota Thresher Mfg.
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Appeal from District Court, Grand Forks county; Kneeshaw, J. Action by Louis Freeman and others against W. B. Wood. Judgment for defendant and plaintiffs appeal. The fallacy of the court in its former decision in this action is in its failure to distinguish between the case at bar and the decision of this court in Kitzman v. Minnesota Thresher Mfg. Co., 10 N. D. 26, 84 N. W. 585. In the Kitzman case the ground for setting aside the judgment was extrinsic to the merits of the case. The plaintiffs in this case claim that the judgment they seek to set aside is fraudulent, not because they were…
1Opinion of the CourtYoung, J.
This is an action to vacate a judgment of the district court of Grand Forks county discharging the defendant, as assignee for the benefit of creditors of Freeman & Burwell, insolvents, and exonerating his bondsmen, and to secure a new accounting. The ground alleged as a basis for the relief sought is the fraud of -the assignee in accounting. The action is prosecuted by the assignors and one Andy Jones, who, since the defendant was discharged, has purchased from a number of the creditors their claims against said insolvents. The case was before us upon the former appeal upon a general demurrer…
2Cases cited21 opinions
- Foster v. Mansfield, Coldwater & Lake Michigan RailroadSupreme Court of the United States · 1892
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Crim v. HandleySupreme Court of the United States · 1877
- Evers v. WatsonSupreme Court of the United States · 1895
- Smith v. LowryNew York Court of Chancery · 1814
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3Cited by2 opinions
- Weed v. HuntSupreme Court of Vermont · 1908
- Citizens State Bank v. SmelandNorth Dakota Supreme Court · 1921