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.
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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…
1Opinion of the CourtBronson, J.
This is an appeal from an order of the distinct court vacating garnishment proceedings, upon a motion and order to show cause. The record presented to this court comprises the files, pleadings, and process on file in the office of the clerk of the district court in such action, together with the papers on appeal. To this record is attached only the certificate of the clerk, certifying that such papers constitute those on file of record in such action.
In the order of the district judge, vacating and setting aside the garnishment proceedings involved, and in his memorandum opinion, setting…
2Cases cited1 opinion
- Harris v. HessinNorth Dakota Supreme Court · 1915
3Cited by6 opinions
- Kiley v. MecklerNorth Dakota Supreme Court · 1928
- Austad v. DreierNorth Dakota Supreme Court · 1928
- In Re Heiden's EstateNorth Dakota Supreme Court · 1953
- Thorp v. ThorpNorth Dakota Supreme Court · 1920
- United States v. StateNorth Dakota Supreme Court · 1953
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