Truax v. Alton
North Dakota Supreme Court
Appeal from an order vacating a default judgment against a garnishee, in District Court, Divide County, Fisk, J. “Exemptions are favorably considered by the court, but in order that one may come within the protection of the statute the statute must be obeyed. ... If, therefore, he does not assert his claim within the time and in the manner prescribed by law, his rights are waived.”
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Appeal from an order vacating a default judgment against a garnishee, in District Court, Divide County, Fisk, J. “Exemptions are favorably considered by the court, but in order that one may come within the protection of the statute the statute must be obeyed. ... If, therefore, he does not assert his claim within the time and in the manner prescribed by law, his rights are waived.” Bur-sail v. Goldstein, 23 N. D. 257. In the majority of jurisdictions the rule is laid down that a voluntary general appearance on the part of the garnishee waives all irregularities in the garnishment proceedings,…
1Opinion of the CourtBronson, J.
Statement.—This is an appeal from an order vacating a judgment against a garnishee. The facts necessary to be stated are as follows:
On May 21, 1919, the plaintiff instituted an action in district court against the defendant to recover for goods sold. At the same time he issued a garnishee summons against A. H. Anderson, agent for the Continental- Fire Insurance Company, based upon an affidavit for garnishment that such insurance company had money in its possession belonging to the defendant. On June 24, 1919, said A. II. Anderson, agent, made his affidavit admitting that the said insurance…
2Cases cited5 opinions
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Braseth v. County of BottineauNorth Dakota Supreme Court · 1904
- Keeney v. City of FargoNorth Dakota Supreme Court · 1905
- First State Bank v. KrenelkaNorth Dakota Supreme Court · 1912
- Cline v. DuffyNorth Dakota Supreme Court · 1910
3Cited by1 opinion
- Croonquist v. WalkerNorth Dakota Supreme Court · 1923