Ward v. Gradin
North Dakota Supreme Court
Appeal from District Court, McLean county; Winchester, J. Action by Ralph D. Ward and others against Ole Gradin. Judgment for defendant, and plaintiffs appeal. Plaintiff’s in conversion must allege their ownership and right to possession at the time of the taking. Parker v. Bank, 3 N. D. 87, 54 N. W. 313; Clendenning v. Hawk, 8 N. D. 419, 79 N. W. 878. Act organizing McLean county was unconstitutional.
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Appeal from District Court, McLean county; Winchester, J. Action by Ralph D. Ward and others against Ole Gradin. Judgment for defendant, and plaintiffs appeal. Plaintiff’s in conversion must allege their ownership and right to possession at the time of the taking. Parker v. Bank, 3 N. D. 87, 54 N. W. 313; Clendenning v. Hawk, 8 N. D. 419, 79 N. W. 878. Act organizing McLean county was unconstitutional. Richards v. Stark County, 8 N. D. '3'92, 79 N.-W. 86'3; Schaffner v. Young, 10 N. D. 245, 86 N. W. 733; State ex rel. Walker v. McLean County, 11 N. D. 356, 92 N. W. 385. Sheriff’s authority to…
1ConcurrenceYoung, J.
I concur in the result, but place my concurrence in the reversal upon the insufficiency of the special verdict. At the close of the testimony the court, against the objection and exception of plaintiffs’ counsel, submitted the case to the jury for a special verdict upon six questions. No general verdict was returned. The special verdict, consisting of the questions and the jury’s answers thereto, is as follows: “Verdict: (1) What was the value of the property in question at the time of the alleged sale thereof by the defendant ? Five hundred and eighty-five dollars ($585.00). (2) Who was the…
2Cases cited18 opinions
- Hodges v. EastonSupreme Court of the United States · 1882
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Cole v. CrawfordTexas Supreme Court · 1887
- Manning v. . MonaghanNew York Court of Appeals · 1861
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