The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-23
DECISIONS OF The
SUPREME COURT

In the Supreme Court. state Of
Eorth Dakota.
Il. G. Dow as administrator and
Josephine Lille as Administrative of
the estate of Eulalie Lille, deceased,
Karl w. Kendall and First National
bank Of Marion. IA. a corporation,
petitioners and appellants, VS.. George
u. Lille, as administrator Of the es-
tate Of Eulalie Lille, deceased, re-
spondents.
/. An order Of the district court
y which confirms an order Of the coun-
ty court in an ancillary administration
refusing to grant a petition filed by
the principal administrator under the
direction of the principal court, to d.
rect the sale Of real estate in North
Dakota and the transmission Of the
proceeds thereof to such principal
court for the payment of the debts
there proved, is an appealable rder.
2. In allowing or rejecting a, claim,
an administrator acts merely as an
auditor and his refusal to allow such
claim is not res adjudicata.
3. Where there is both a principal
and ancillary administration, creditors
may prove their claims in either jur-
isdiction. n it is not always neces-
sary that they should be proved in
both.
A.. Where a resident of Iowa died
in that state and administration of
her estate was had and on such ad-
ministration a creditor proved his
claim n said claim was allowed by
the court, but there were not assets in
such jurisdiction sufficient to pay the
same, n an ancillary administration
was had in North Dakota where there
was real estate belonging to the estate
but no money or personal property
and there were nc debts and a petition
was filed in said ancillary administra-
ton by the administrator in the prin-
cipal administration under the direc-
ton of the said principal court, asking
for the sale of the real estate in North
Dakota and the transmission of the
proceeds to said principal court for
the payment of the debts there proved
and allowed. Held: That said petit
ton should have been granted, even
though such debts had not been prov
ed in North Dakota in the said ancil-
larry administration.
(Syllabus by the court.)
Appeal by petitioners from an order
of the district court of Bottineau
county, Burr, j., confirming an order
of the county court of said county de-
nying a petition filed by the admins
traitor In and under the direction of
the court Of the principal administra-
ton in the state of Iowa, and in an
ancillary administration in said coun-
ty court of Bottineau county, North
Dakota, asking for the sale of real es-
tate in North Dakota and the trans
mission of the proceeds thereof for the
payment Of debts proved and allowed
in said principal administration. .
Reversed n remanded. Opinion
by Bruce, ].
Engerud, Holt & Frame, Fargo, at
torneys for petitioners and appellants,
Noble, Blood & Adamson, Minot. at
torneys for respondent.
A. J. Gronna, plaintiff and Appel
liant, VS.. Frank Goldammer, defendant
and respondent.
l. Payment by one of the co-sure-
Ties on a bond after the claim against
him has been barred by the statute of
limitations, is voluntary and does no
entitle him to contribution from his
cosmetics.
2. Section 1884 of the revised codes
OF 1905, which provides that: mo &C
zion a be maintained against the
sureties on any bond given by a guard
ian unless commenced within three
years from the discharge or removal
of the guardian, etc." construed and
held: That in order that the statute
of limitations may. begin to run it is
necessary that a formal order of the
court ~discharging or removing the
guardian shall have been made.
(Syllabus by the court.)
Appeal from the district court OF
Nelson county, Templeton, ].
Judgement for defendant. Plaintiff
appeals.
Reversed. Opinion of the court by
Bruce, J.
Scott Rex, Grand Forks, attorney for
appellant.
Erich & Kelly, Lakota, attorneys fo<
respondent.
S.r"M Thornley, nlainfiff and an
pellant, VS.. O.. G. Lawbaugh. defend
ant and respondent.
In an action to recover damages
plaintiff caused an attachment to is
sue and a levy was made upon land
In Mclean county as belonging to de-
fendant, a NONRESIDENT, who under
special appearance subsequently NOV
ed. to discharge the attachment and
dismiss the action for want Of juris-
diction in the court of person or
property of the defendant. Substitute
ed service of the summons and COM
plant had been made upon defendant
without the state. Held:
defendant cannot be heard to
deny his ownership of the property
attached to defeat the limited juris-
diction of the court proceeding quasi
In rem against the attached property.
He cannot set up title in a stranger to
defeat the attachment levy as upon
his property 80 ~ ~
(SyIlabus by the court.)
Appeal by plaintiff from an order of
The district court Of Mclean county,
Winchester, J., quashing an attach
ment and dismissing the action.
Reversed and, remanded. Opinion
by Goss, J.
Hyland s. Nuessle, Of Washburn, N.
d, attorneys for plaintiff and ap-
pellant.
Newton, Dullam & Young, of Bis
marck, N. d., and Shelby Large, Of
Rockford, ILL.,, attorneys for defend
ant and respondent.
Mother OF Eighteen Children.
s'I am the mother of eighteen chill