Mariner v. Wasser
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Burke, J. Action by L. E. Mariner against H. A. Wasser. Judgment for ■plaintiff, and defendant appeals. Where a levy is made on personal property in judgment debtor’s ■possession, demand and refusal to -deliver are indispensable to ren'der officer liable, unless he knows the true ownership of other •claimant.
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Appeal from District Court, Stutsman County; Burke, J. Action by L. E. Mariner against H. A. Wasser. Judgment for ■plaintiff, and defendant appeals. Where a levy is made on personal property in judgment debtor’s ■possession, demand and refusal to -deliver are indispensable to ren'der officer liable, unless he knows the true ownership of other •claimant. Killey v. Seannell, 12 Cal. 73; Daumiel v. Gorham, 6 Cal. 43; Taylor v. Seymour, 6 Cal. 512; Bond v. Ward, 7 Mass. 123; Shumwiay v. Rutter, 8 Pick. 443; Vose v. Stickney, 8 Minn. ‘75; Barry v. MoGrade, 14 Minn. 163; Lewis v. Whittemore, 22 Am.…
1Opinion of the CourtMorgan, C. J.
This is an action for damages for the conversion of personal property by the defendant sheriff, who sold it under an. execution in an action to whicih the plaintiff was not a party. A jury trial was duly waived, and a trial was had to the court who-made findings of fact and conclusions of law in plaintiff’s favor, and rendered judgment in his favor for $66 and costs. The plaintiff was the owner of the property beyond dispute, as shown by the-evidence. Nio demand was made upon the sheriff for the return of the property or for damages for its wrongful taking prior to-the commencement of this…
2Cases cited6 opinions
- Boulware v. CraddockCalifornia Supreme Court · 1866
- George H. Fuller Desk Co. v. McDadeCalifornia Supreme Court · 1896
- Vose & Co. v. StickneySupreme Court of Minnesota · 1862
- Wellman v. EnglishCalifornia Supreme Court · 1869
- Killey v. ScannellCalifornia Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Burritt v. PlateConnecticut Superior Court · 1983
- Kelly v. BairdNorth Dakota Supreme Court · 1934
- Kelly v. BairdNorth Dakota Supreme Court · 1934