Legal Opinion

Shortridge v. Sturdivant

North Dakota Supreme Court

Decided October 18, 1915PublishedCited by 16 opinions

This is an appeal from a judgment of the District Court of Ward County, Leighton, J. Garnishee and intervener appeal. Plaintiff’s right to recover against the garnishee is dependent upon the defendant’s right to recover from the garnishee. The plaintiff can •occupy no better position against the garnishee than that of the defendant in the action. If defendant could recover nothing from the .garnishee, plaintiff can recover nothing.

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This is an appeal from a judgment of the District Court of Ward County, Leighton, J. Garnishee and intervener appeal. Plaintiff’s right to recover against the garnishee is dependent upon the defendant’s right to recover from the garnishee. The plaintiff can •occupy no better position against the garnishee than that of the defendant in the action. If defendant could recover nothing from the .garnishee, plaintiff can recover nothing. Bedford v. Kissick, 8 S. D. .586, 67 N. W. 609; 15 Current Law, 2086; What Cheer Sav. Bank v. Mowery, 149 Iowa, 114, 128 N. W. 7; Webber v. Bolte, 51 Mich. 115, 16…

1Opinion of the CourtChristianson, J.

This is an appeal from a judgment in plaintiff’s-favor in a garnishment action. The undisputed facts are as folloAvs: The defendant, Sturdivant, desired to hold a public auction for the purpose of selling certain personal property: The greater portion of such property was covered by chattel mortgages in favor of the inter*157■vener, Farmers & Merchants State Bank of Kenmare, and S. H. Lowe "& Company, and Norma State Bank. In order to arrange for such a sale a conference was held at the intervener bank, attended by the defendant and the authorized officers of the three mortgagees above mentioned.…

2Cases cited11 opinions

  1. New England Mortgage Security Co. v. Great Western Elevator Co.North Dakota Supreme Court · 1897
  2. Atwood v. TuckerNorth Dakota Supreme Court · 1914
  3. Dodson v. DedmanMissouri Court of Appeals · 1895
  4. Watson v. MeadMichigan Supreme Court · 1894
  5. Jones v. WebsterSupreme Court of Alabama · 1872

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Sargent County v. StateNorth Dakota Supreme Court · 1921
  2. Petrie v. WymanNorth Dakota Supreme Court · 1916
  3. Rolette State Bank v. Minnekota Elevator Co.North Dakota Supreme Court · 1923
  4. Swift & Co. v. Jamestown National BankCourt of Appeals for the Eighth Circuit · 1970
  5. F. B. Scott Co. v. ScheidtNorth Dakota Supreme Court · 1916

11 more not listed; retrieve them via the Exa API.

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