Larson v. Hanson
North Dakota Supreme Court
'Appeal from tbe District Court, Stutsman county; B. T. Burke, J. Action against tbe sureties on a redelivery undertaking in claim and delivery. From an order denying defendants’ motion for a new trial, tbey appeal. To hold sureties on a replevin bond, the judgment must be one contemplated by law, that can be satisfied by a return of the property or damage, if delivery cannot be had.
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'Appeal from tbe District Court, Stutsman county; B. T. Burke, J. Action against tbe sureties on a redelivery undertaking in claim and delivery. From an order denying defendants’ motion for a new trial, tbey appeal. To hold sureties on a replevin bond, the judgment must be one contemplated by law, that can be satisfied by a return of the property or damage, if delivery cannot be had. New England Furniture & Carpet Co. v. Bryant, 64 Minn. 256, 66 N. W. 974; Gallarati v. Orser, 27 N» T. 324; Field v. Lumbard, 53 Neb. 397, 73 N. W. 703. Plaintiff in replevin may look to sureties on a redelivery…
1Opinion of the CourtFisk, J.
Action to recover on a redelivery undertaking executed by defendants as sureties, in an action to recover the possession of specific personal property, in which the provisional remedy of claim and delivery was invoked. Such action was instituted and prosecuted by respondents herein against William and W. L. Cavern. Judgment was rendered in such action against William Cavern alone, and is for the recovery of money only, to wit, the sum of $1,562.45, and in no manner providing for nor adjudging the delivery to plaintiffs of the property thus rebonded. Failing to realize the amount of such money…
2Cases cited15 opinions
- Faulkner v. First National BankCalifornia Supreme Court · 1900
- Claudius v. AguirreCalifornia Supreme Court · 1891
- Gallarati v. . OrserNew York Court of Appeals · 1863
- Erreca v. MeyerCalifornia Supreme Court · 1904
- Cook v. . FreudenthalNew York Court of Appeals · 1880
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3Cited by6 opinions
- Wilkins v. WillimonSupreme Court of South Carolina · 1924
- Clark v. EllingsonNorth Dakota Supreme Court · 1916
- Larson v. HansonNorth Dakota Supreme Court · 1913
- Smith v. WilloughbyNorth Dakota Supreme Court · 1912
- Farmers National Bank v. FergusonNorth Dakota Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.