Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-22

1AOA -LS VI
z. Where Within four months o.
the cling of q petition j. bankruptcy
an action is brought by the vendor Of
goods 10 recover the purchase piiee
Of f:ie same and as subsidiary w s""r
action an attachment is lssued anu
Ieyfcl against such goods, under NC
provisions Of Section G938, * &. l3Vo,
being Section 1897 Of the Compiled
Laws Of 1919. the liens OF snch AT
tachment and Of the judgment render
ed in such attachment proceedings
are nullified by the petition.
9. a vendor in North Dakota mas
after q delivery 70 the yendee no Zen
upon the goods sold for the purchase
price except by virtue OF the levy
of an attachment under the provisions
of Section 693S r. G. 1905, being sec
rion 1887. COMPLIED Laws Of 1913.
I. Where an action is brought by
fnn vendor Of foods TO recover tlie
purchase price thereof and an allacn'
n1snt is issued and levied on slth
goods in said proceedings and "lth'n
four months Of the bringing or slch
action 2 petition in bankruptcy mas
bean flied. the trustee in bankruptcy
has no right or power TO intervene IL
the action in order to gain the pos
session of the goods. The actloh pc
ing for money merely n the zen
of tine attachment having been NUN
fed by the fling Of the petition IN
Bankruptcy. such trustee cannot ~
filing a petition in Intervention trans
SD~ro -hn. q rAiNn into mo for me re-
coTery of goods or for the trial OF the
right OF title thereto.
). The trustee of a bankrupt es-
tate may bring an action in the state
courts in order TO gain possession OF
property which belongs TO the estate.
G.. Where an attachment proceed
ing and lien thereof has been null
fed by the fling OF a petition IN
bankruptcy, the trustee will not be
preciuded from recovering the pos
session of the property by the mere
fact that after the fling OF such pc
riLion the goods have been sold under
sucn attachment proceedings.
Z. After the lien of an attachment
has been nul fled by the filing OF a
petition in bankruptcy the goods can
no longer be said to be in custodia
iegis SO that an action against the
sheriff for the possession thereof can
not be maintained. After the nullif-
cation Of such lien of attachment the
sheriff holds merely as an inyolun-
Ia-y bailee for the benefit of him who
is entitled 10 the possession OF the
goods and who il such case is the
trustee in bankruptcy.
Appeal from the District Court OF
Walsh County, Kneeshaw, J.
Action in claim and delivery to OBJ
tain the possession Of personal prop
erty- Judgment for plaintiff. Defend
ami appeals.
Affirmed. Opinion of l. Court by
Bruce, J.
Gray & Myers, of Grafton, attor-
neps for plaintiff and respondent.
A c. Lazy. of Fargo. attorney for
defendant and appellant.
FROM sTUTsMAN COUNTY.
John D. Cook, Plaintiff and Appellant,
rE.
Northern Pacific Railway Company,
Defendant and Respondent.
Syllabus:
]. Under the Carmack Amend
nan- iAet of Congress of June 20,
1900 II was the clear intertion of
Of state regulations and restrictions
all contracts involving interstate
shipments Of freight and live stock.
?. The liability imposed by the
federal statutes upon carriers of inter
state shipments. is the liability i'm
posed by the common law upon a
common carrier, and such liability
may be limited or qualified by spe-
cial contract win the. shipper, pro-
vided the limitation or qualification
be Just and reasonable. and does not
exempt the Garner from liability due
TO its negligence.
3. & stipulation in such special
contract that no action to ecove
damages for loss or injury to live
stock. etc, shall be sustained unless
commenced within go days after the
damage shall occur, is, held unreas-
enable and void.
Appeal from District Court, Suits
ma County: ]. A. Cofey. J.
Action by John D. Cook against the
| Northern Pacific Railway Company.
From a judgment in defendants
favor; plaintiff appeals.
Reversed and relnanded for a new
trial. Opinion of the Court by Fisk.
IC- J.. Burke, j.. being disqualified, did
NO participate, Hon. W L. Nuessle,
Judge of Sixth District, sitting in his
stead by request
knauf 4 knauf and S. E. Ellsworth.
jamestown. for appellant.
Watson & Young and E. T. Conmy.
Fargo, for respondent