Solon v. O'Shea
North Dakota Supreme Court
Appeal from District Court, Cass County, Odie, J. Erom an orderr vacating certain garnishment proceedings, appeal dismissed ; thereafter, appeal reinstated upon petition for remand and certification of the record. The proceedings against a garnishee are deemed an action by the plaintiff against the garnishee and against the defendant, as parties de- • fendant, and all provisions of law relating to proceedings in civil actions at issue are applicable thereto.
Read the full summary
Appeal from District Court, Cass County, Odie, J. Erom an orderr vacating certain garnishment proceedings, appeal dismissed ; thereafter, appeal reinstated upon petition for remand and certification of the record. The proceedings against a garnishee are deemed an action by the plaintiff against the garnishee and against the defendant, as parties de- • fendant, and all provisions of law relating to proceedings in civil actions at issue are applicable thereto. Scott Co. v. Scheldt, 35 N. D. 433,460 N. W. 502; Park, Grant & Morris v. Nordale, 170 N. W. 555, In all cases where the defendant…
1DissentGrace, J.
This is an appeal from an order of the district court, vacating garnishment proceedings, upon a motion and an order to show cause why the same should not be vacated.
*366The record in this case, presented to this court, contains the following papers and files:—
Summons, complaint, sheriff’s return of service, the last garnishment summons, affidavit for garnishment, affidavit of service on the garnishee, sheriff’s return, disclosure of garnishee, affidavit of E. T. Conmy, dismissal of garnishment, motion to vacate garnishment, affidavit of G. E» Nichols, affidavit of A. J. O’Shea, affidavit of T. H.…
2Cases cited2 opinions
- Park, Grant, & Morris v. NordaleNorth Dakota Supreme Court · 1918
- Harris v. HessinNorth Dakota Supreme Court · 1915