Wonser v. Walden Farmers Elevator Co.
North Dakota Supreme Court
From a judgment of the District Court, Cass County; Pollock, J\, defendant appeals. Plaintiff has wholly failed to comply with the statute. The lien here claimed is purely statutory. Substantial compliance with the statute is required of one claiming such a lien.
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From a judgment of the District Court, Cass County; Pollock, J\, defendant appeals. Plaintiff has wholly failed to comply with the statute. The lien here claimed is purely statutory. Substantial compliance with the statute is required of one claiming such a lien. Lavin v. Bradley, 1 N. D. 297, 47 N. W. 384; Moher v. Rasmusson, 12 N. D. 73, 95 N. W. 152. To maintain an action in conversion plaintiff must have had possession of the property, or the immediate right of possession, at the time of conversion. Parker v. First Nat. Bank, 3 N. D. 87, 54 N. W. 313; Rev. Codes 1905, § 6280; Comp. Laws…
1Opinion of the CourtChristianson, J.
Plaintiff claims to have a farm laborer’s lien upon certain flax described in the complaint, and has brought this action to recover damages for the alleged conversion thereof by the defendant. The only questions presented on this appeal go to the sufficiency of the complaint and whether the evidence offered by plaintiff entitled him to recover.
The complaint is in the usual form and alleges that the plaintiff was employed by one K. W. Rickel, as a farm laborer to work during the farming season of 1913, upon a farm occupied and operated by said Rickel in Cass county, North Dakota. That…
2Cases cited11 opinions
- Richmire v. Andrews & Gale Elevator Co.North Dakota Supreme Court · 1903
- Nash v. BrewsterSupreme Court of Minnesota · 1888
- Mitchell v. Monarch Elevator Co.North Dakota Supreme Court · 1906
- Hahn v. Sleepy Eye Milling Co.South Dakota Supreme Court · 1907
- Gordon v. FreemanSupreme Court of Minnesota · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Shortridge v. SturdivantNorth Dakota Supreme Court · 1915
- Rolette State Bank v. Minnekota Elevator Co.North Dakota Supreme Court · 1923
- Hagen v. DwyerNorth Dakota Supreme Court · 1917
- Heddan v. Walden Farmers Elevator Co.North Dakota Supreme Court · 1915
- Blank v. FentonNorth Dakota Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.