The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-03-01
Supreme Court
Decisions
From Adams County

$. V. Boohcr. plaintiff and respond
cnt. VS.. Adams County Farmers Mutu-
al Fire and Lightning Insurance com
pany. corporation, defendant and
appellant.
Syllabus:
!. For reasons stated in the opin-
ion it is held that there is sufficient
evidence to support the verdict of the
jury upon the question Of the occu-
pancy Of the premises within the
terms Of fire insurance policy.
Appeal from the DistricbDourt of
Adams county, Hon. Thomas H. Pugh,
judge.
Opinion per curiam.
Affirmed.
Jacobsen 4 Murray. Mott, North
Dakota, and Paul w. Boehm, Hettin-
ger. North Dakota, attorneys for
PLAINTIFF and respondent.
+. NJ. Jackson, Hettinger, North
Dakota, attorney for defendant and
appellant.
From Benson County
Chris Lamoreaux, plaintiff and re-
spondent, VS.. John F. Randall, as
sheriff Of Benson county, North Da-
kota, defendant and appellant.
Syllabus:
/. In conversion action the
pensation for the wrong inflicted on
entitled to full compensation for the
! injury suffered as q consequence of
defendants tOrtious conduct. The
elements of such injury. under the
statutes Of this state, are the value
IF tkn n,&, 4 - 81
OF the conversion, in sonic circum-
stances the highest marked. value be
tween the date of the convorsiQn and
the verdict, and the moneSHAnd the
value Of the time properlx41FEcnded
in pursuit Of the property5 IN! add
ton to the compensation, thu plaintiff
! may be awarded exemplary damages
against the wrong door whek tc. con-
duct Of the latter has been Qp1EXSsivc
malicious, or fraudulent. g.
2. Where an officer, armed with
an execution, seizes and ANtes on
, grain in the shock. and tkkycaftcl
thrcshes and hauls it to market, the
plaintiff whose third party elafm was
rejected by the sheriff. is not entitled
TO recover the value of the thrcshed
grain without dcducting from such
market value the actual and reason
able cost of threshing and hauling
the commodity to market. when the
officer acted in good faith, and not
in an oppressive, wanton or fraudu-
lent disregard of the rights Of the
owner. In such case. the question
Of the good faith of the tortfeasor is
ordinarily for the jury.
3. The defendant in conversion
action is entitled to prove expenses
reasonable and necessarily incurred
in protecting and preserving the prop
erty in controversy.
Appeal from the district court OF
Benson county, Hon. A. G. Burr,
judge. Opinion of the court by john
son. j. Reversed.
N. J. Bothne, New Rockford. n. D.,
and w. G. Mcdonald, Minnewaukan,
N. D., attorneys for plaintiff and re-
sinncss, Duffy 4 Wheeler. Devils
Lake, N. D.. attorneys for defendant
and appellant.
Original
State of North Dakota OK rel vs..
Charles Mcdonald.
Syllabus:
l. Where the school board oil
common school district offers to pay
Soc per day per family for transport
ing pupils who live more than "a
miles from tho school, but docs not
offer velicular transportation to or
actual carriage Of the children; the
parent or guardian Of such children
Of SCHOOL age is not subject TO the
penalties Of the compulsory schoo! at
tendance law. as defined by Chapter
2O6, S. l.. 1917.
Original application for writ Of
habcas corpus.
Petitioner ordered released.
Opinion per curiam.
Nucsslc, j., dissenting
L. II. Connolly, Mandan, n. D., at
torney for petitioner.
G. F. Kelsch, states attorney, Man
dan, N. D., attorney for the defendant
PetrOlle Wagner fig n !
round. by round tonight at
Grand Pacific Billiard Parlor.
No. telephone calls answered.