Minneapolis Iron Store Co. v. Branum
North Dakota Supreme Court
'Appeal from the District Court of Benson County, Hon. O. W. Buttz, Judge. There was a sufficient division of the grain and vesting of title of the tenant’s share in the tenant to warrant us in saying that Branum’s mortgage to appellant attached and was a prior lien to the garnishment. The equal value of each share could at least have been ascertained, and each was entitled to his aliquot part.
Read the full summary
'Appeal from the District Court of Benson County, Hon. O. W. Buttz, Judge. There was a sufficient division of the grain and vesting of title of the tenant’s share in the tenant to warrant us in saying that Branum’s mortgage to appellant attached and was a prior lien to the garnishment. The equal value of each share could at least have been ascertained, and each was entitled to his aliquot part. Gates v. Rifle Boom Co. 70 Mich. 309, 38 N. W. 245; Stone v. Quaal, 36 Minn. 46, 29 N. W. 326; Kaufmann v. Schilling, 58 Mo. 218; First Nat. Bank v. Scott, 36 Neb. 607, 54 N. W. 987; Pickering v.…
1Opinion of the CourtGrace, J.
This is an. appeal by the intervener from the judgment and order denying the motion for a new trial.
Action was brought by plaintiff in the district court of Benson county, North Dakota, against defendant, upon a promissory note. In the main action, judgment by default was entered against the defendant. Ancillary to the main action, garnishment process was issued by the plaintiff and served upon the Monarch Elevator Company, as garnishee.
The answer of the garnishee was that on the 16th day of October, 1915, the time of the service of the garnishee by process, the Monarch Elevator Company had…
2Cases cited55 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- McColligan v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Morgan v. BowmanSupreme Court of Missouri · 1856
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
50 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Brenner v. SpiegleOhio Supreme Court · 1927
- Barth v. ElyMontana Supreme Court · 1929
- Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'nNorth Dakota Supreme Court · 1921
- Wilson EstateSupreme Court of Pennsylvania · 1944
- Coggins v. GregorioCourt of Appeals for the Tenth Circuit · 1938
31 more not listed; retrieve them via the Exa API.