Acme Harvester Co. v. Magill
North Dakota Supreme Court
Appeal from District Court, Ransom county; Frank P. Allen, J. Action by the Acme Harvester Company against Roland Magill. Judgment for plaintiff, and defendant appeals. There is no life in this judgment, and it could not be executed if reinstated. Sections 6723, 5489, Rev. Codes 1899; Phelps v. McCollam, 10 N. D. 536, 88 N. W. 292. Application to vacate a satisfaction must be made within one year after the judgment is satisfied.
Read the full summary
Appeal from District Court, Ransom county; Frank P. Allen, J. Action by the Acme Harvester Company against Roland Magill. Judgment for plaintiff, and defendant appeals. There is no life in this judgment, and it could not be executed if reinstated. Sections 6723, 5489, Rev. Codes 1899; Phelps v. McCollam, 10 N. D. 536, 88 N. W. 292. Application to vacate a satisfaction must be made within one year after the judgment is satisfied. Section 5298, Rev. Codes 1899. The remedy is by action, not motion. 18 Enc. PI. & Pr. 1057-60-61; 19 Enc. PL & Pr. 266; Section 5741, Rev. Codes 1899; State v.…
1Opinion of the CourtMorgan, C. J.
This is an appeal from an order setting aside a satisfaction of a judgment and granting leave to issue an execution thereon. The facts are as follows: On the 20th day of June, 1898, the plaintiff obtained a judgment against the defendant in justice court for the sum of $201.41, damages and costs. On October 8, 1898, a transcript of said judgment was filed in the office of the clerk of the district court and the judgment duly docketed therein. Thereafter an execution was duly issued on said judgment and levied upon property which was thereafter sold for the sum of $361, and the execution was…
2Cases cited3 opinions
- Chapman v. BlakemanSupreme Court of Kansas · 1884
- Magwire v. MarksSupreme Court of Missouri · 1859
- Holton v. SchmarbackNorth Dakota Supreme Court · 1905
3Cited by3 opinions
- Cross v. Hillsboro National BankNorth Dakota Supreme Court · 1917
- Donaldson v. City of BismarckNorth Dakota Supreme Court · 1942
- Mid Dakota Clinic P.C. v. LivengoodNorth Dakota Supreme Court · 2017