State v. One Buick Automobile Touring Car K-49
North Dakota Supreme Court
Appeal from the District Court of Ramsey County, Butts, J., plaintiff appeals from an order denying an application for an order restraining an execution sale. The automobile was in the hands of the sheriff of Ramsey county awaiting the judgment in the forfeiture proceeding before the judgment was rendered on which the execution was issued.
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Appeal from the District Court of Ramsey County, Butts, J., plaintiff appeals from an order denying an application for an order restraining an execution sale. The automobile was in the hands of the sheriff of Ramsey county awaiting the judgment in the forfeiture proceeding before the judgment was rendered on which the execution was issued. The doctrine is well settled that property in the hands of sheriffs, clerks of court, receivers, executors, etc. is regarded as being in custodia legis and cannot be reached by execution. McCullough v. Large, 20 Red. 309; Harris v. Dennie 3 Pet (U. S.)…
1Opinion of the CourtCheistiaNSON, J.
This is an action instituted by the state’s attorney of Ramsey county, under the provisions of chap. 97, Laws 1921, to condemn and forfeit one certain Buick automobile. The complaint alleges that on the 25th day of March, 1921, a criminal information was filed in the district court of Ramsey county against Leslie Anderson and C. E. Story, charging them with the crime of willfully and unlawfully transporting intoxicating liquors, to wit, whisky, within said county by means of an automobile described as one Buick Six, seven-passenger automobile, 1920 *350model K — 49, engine No. 664158, car No.…
2Cases cited10 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- Richardson v. McChesneySupreme Court of the United States · 1910
- In re KaepplerNorth Dakota Supreme Court · 1898
- Barber Asphalt Paving Co. v. HamiltonWashington Supreme Court · 1914
- Thompson v. VoldNorth Dakota Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hazzard v. Westview Golf Club, Inc.Supreme Judicial Court of Maine · 1966
- Estates of ShubertNorth Dakota Supreme Court · 2013
- Lee v. ShideNorth Dakota Supreme Court · 1939
- Sayre v. Village of AlsenNorth Dakota Supreme Court · 1922