Madson v. Rutten
North Dakota Supreme Court
Action by A. O. Madson against Herman Rutten, as sheriff, for refusal to malee a levy under a warrant of attachment. Judgment for plaintiff, and defendant appeals. Creditors can assail the validity of the mortgage only while the property mortgaged was the mortgagor’s. Sullivan et al. v. Miller, 13 N. E. 772; Wolcott v. Ashenfelter, 23 Pac. 780; Parker v. American Ex.
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Action by A. O. Madson against Herman Rutten, as sheriff, for refusal to malee a levy under a warrant of attachment. Judgment for plaintiff, and defendant appeals. Creditors can assail the validity of the mortgage only while the property mortgaged was the mortgagor’s. Sullivan et al. v. Miller, 13 N. E. 772; Wolcott v. Ashenfelter, 23 Pac. 780; Parker v. American Ex. Bank, 27 S. W. 1071; Barton v. Sitlington, 30 S. W. 514; Gregory v. Whedon, 1 N. W. 309; Ayers, et al. v. Sundback, 58 N. W. 4; Blakeslee v. Rossman, 43 Wis. 116; Read v. Wilson, 22 111. 377; Cameron v. Marvin, 26 Kan. 612; 11…
1Opinion of the CourtFisk, J.
This appeal is from a judgment rendered by the district court of Ramsey county pursuant to a verdict directed in respondent’s favor. The action was brought to recover damages on account of appellant’s refusal to make a levy under a warrant of attachment upon certain personal property claimed to be the property of one John H. Jones, who was defendant in an action commenced by this respondent in the district court of Grand Forks county, in which action such warrant of attachment was issued. The principal question involved is as to whether Jones, in so far as his creditors were concerned, was…
2Cases cited34 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Fearey v. CummingsMichigan Supreme Court · 1879
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
29 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- Pease v. MagillNorth Dakota Supreme Court · 1908
- Stein v. McAuleySupreme Court of Iowa · 1910
- Bristol & Sweet Co. v. SkappleNorth Dakota Supreme Court · 1908
- Foot, Schulze & Co. v. SkeffingtonNorth Dakota Supreme Court · 1925
13 more not listed; retrieve them via the Exa API.