Elton v. O'Connor
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Edwin T. Spafford was adjudged an insolvent and James Elton became his assignee in insolvency. From an order denying a motion to have certain levies made by M. J. O’Connor, as sheriff, set aside, the assignee appeals. At the time of the levy in this case, the title to the property was not in the execution debtor but in the assignee. Perry Mfg. Co. v. Brown, 2 Woodb. and M. 449, 19 Fed.
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Appeal from District Court, Grand Forks County; Templeton, J. Edwin T. Spafford was adjudged an insolvent and James Elton became his assignee in insolvency. From an order denying a motion to have certain levies made by M. J. O’Connor, as sheriff, set aside, the assignee appeals. At the time of the levy in this case, the title to the property was not in the execution debtor but in the assignee. Perry Mfg. Co. v. Brown, 2 Woodb. and M. 449, 19 Fed. Cases, 11,015; Geilinger v. Phillippi, 133 U. S. 246, xo S. C. Rep. 268. ' Before the execution levy an adjudication of insolvency had been entered…
1Opinion of the CourtCorliss, J.
The appeal in this case is from an order sustaining certain levies of execution upon the property of a judgment debtor after the institution of insolvency proceedings. The judgment debtor filed his petition to be adjudged an insolvent under the provisions of Ch. 38 of the Rev. Codes on the 14th day of January, 1896. On the same day he was adjudged an insolvent. Subsequently the necessary steps were taken to carry forward the insolvency proceedings to the point where an assignment could be executed; and on the 5th day of March, 1896, the clerk of the District Court, under the provisions of §…
2Cases cited29 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Edwards v. KearzeySupreme Court of the United States · 1878
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Baldwin v. HaleSupreme Court of the United States · 1864
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3Cited by1 opinion
- McTavish v. Great Northern Railway Co.North Dakota Supreme Court · 1898