Johnson v. Kelly
North Dakota Supreme Court
From a judgment of tbe County Court of increased jurisdiction of Ward County, William Miw'ray, J., plaintiff appeals. The so-called sales in bulk law only applies to merchants; a transfer under sucli law must be of a stock of merchandise, or merchandise and fixtures pertaining to such business. Sess.
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From a judgment of tbe County Court of increased jurisdiction of Ward County, William Miw'ray, J., plaintiff appeals. The so-called sales in bulk law only applies to merchants; a transfer under sucli law must be of a stock of merchandise, or merchandise and fixtures pertaining to such business. Sess. Laws 1913, chap. 247. Defendant was entitled to justify his seizure of the goods upon the theory that the same was the property of the person against whom the process which he executed was directed. Such person was plaintiff’s alleged vendor. The pleadings and the evidence furnish foundation for…
1Opinion of the CourtGoss, J.
Suit for conversion against the defendant as sheriff, to recover the value of property sold on execution levy at the suit of a third party. The sheriff refused to deliver possession of said property to plaintiff upon his verified demand therefor. Defendant justifies under the levy. The jury, by general verdict, found for the defendant, and plaintiff appeals.
The first question raised is whether there is sufficient conflict in the proof to warrant the submission to the jury of the question of the fact and character of his ownership. It is unnecessary to pass upon this further than to state, in…
2Cases cited3 opinions
- Everett Produce Co. v. Smith Bros.Washington Supreme Court · 1905
- Plass v. MorganWashington Supreme Court · 1904
- Albrecht v. CudiheeWashington Supreme Court · 1905
3Cited by5 opinions
- Michigan Packing Co. v. MessarisMichigan Supreme Court · 1932
- Seco, Inc. v. Gauvey Rig & Trucking CompanyNorth Dakota Supreme Court · 1969
- Independent Breweries Co. v. LawtonMissouri Court of Appeals · 1918
- Stratus Cigar Co. v. MarcheTennessee Supreme Court · 1919
- Ferrat v. AdamsonMontana Supreme Court · 1917