Truman v. Dakota Trust Co.
North Dakota Supreme Court
Appeal from the District Court of Cass County, Pollock, J. Action in claim and delivery to recover the possession of a diamond ring and certain certificates of deposit. Judgment fox defendant and intervener. Plaintiff appeals.
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Appeal from the District Court of Cass County, Pollock, J. Action in claim and delivery to recover the possession of a diamond ring and certain certificates of deposit. Judgment fox defendant and intervener. Plaintiff appeals. Statement of facts by BR.uce, J. This is an action in claim and delivery which was commenced in November, 1912. Plaintiff seeks to recover from the defendant Dakota Trust Company two certificates of deposit of the face value of $2,131.74 and one diamond ring of the stipulated value of $400. A complaint in intervention is filed by one Lottie A. Becker, in which she…
1Opinion of the CourtBbuce, J.
(after stating the facts as above). It is claimed that the action of plaintiff in claiming the ownership of the property in dispute in the present action of claim and delivery in the district court is totally inconsistent with his claim for exemptions as the husband of the deceased which "was later filed in the county court, and that the filing of such claim was an acceptance of the judgment of the district court in the replevin action, and a motion is made to dismiss the appeal for this reason. We think, however, that there is no merit in this *463motion. The record shows that in addition to the…
2Cases cited6 opinions
- J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
- Bridgers v. . OrmondSupreme Court of North Carolina · 1908
- Leete v. State BankSupreme Court of Missouri · 1897
- Farrow v. FarrowSupreme Court of New Jersey · 1907
- Wheeler v. . AllenNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Druey v. BaldwinNorth Dakota Supreme Court · 1919