Cross v. Hillsboro National Bank
North Dakota Supreme Court
Appeal from an order of the County Court of Cass County, A. G. Sanson, J. Where the relief sought is the setting aside of a satisfaction of a judgment, the statute relied upon and under which the action is brought does not apply. Acme Harvester Co. v. Magill, 15 N. D. 116, 106 N. W. 563. The judgment had been actually and in good faith satisfied and the person entitled to receive payment had received the amount and had satisfied the judgment.
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Appeal from an order of the County Court of Cass County, A. G. Sanson, J. Where the relief sought is the setting aside of a satisfaction of a judgment, the statute relied upon and under which the action is brought does not apply. Acme Harvester Co. v. Magill, 15 N. D. 116, 106 N. W. 563. The judgment had been actually and in good faith satisfied and the person entitled to receive payment had received the amount and had satisfied the judgment. There was no longer any judgment and the parties were out of court. Hatch v. Central Nat. Bank, 78 N. Y. 487; McOredy v. Thrush, 37 App. Div. 465, 56 N.…
1Opinion of the CourtGrace, J.
Appeal from an order of the county court of Cass county setting aside a satisfaction of, and opening and vacating, a judgment entered against the garnishee.
The plaintiff brought an action against the defendant to recover for certain indebtedness. The defendant made no appearance' in the action, and judgment was entered against him by default. '
In- the course of the proceedings a garnishee summons was issued *265and served upon the garnishee on the 24th day of February, 1915. The garnishee took no further steps in the matter until the 2d day of March, 1915, when he wrote a letter to L. N. Miller,…
2Cases cited3 opinions
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- First State Bank v. KrenelkaNorth Dakota Supreme Court · 1912
- Acme Harvester Co. v. MagillNorth Dakota Supreme Court · 1906
3Cited by1 opinion
- Mid Dakota Clinic P.C. v. LivengoodNorth Dakota Supreme Court · 2017