Gunsch v. Bauer

North Dakota Supreme Court

Gunsch v. Bauer

73 N.W.2d 782, 1955 N.D. LEXIS 158

CourtNorth Dakota Supreme Court

DecidedDecember 19, 1955

DocketNo. 7440

StatusPublished

This text of 73 N.W.2d 782 (Gunsch v. Bauer) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gunsch v. Bauer, 73 N.W.2d 782, 1955 N.D. LEXIS 158 (N.D. 1955).

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Opinion

SATHRE, Judge.

This is one of a series of actions in which members of the Gunsch family are parties. The actions were consolidated for the purpose of trial and tried together. The issues in the ■ several actions grew out of the same state, of facts. The plaintiff in the instant case brought this action in re-plevin to recover certain personal property for the purpose of foreclosure of a chattel .mortgage thereon to secure payment of the .sum- of $4000.00 and interest at the rate of 4 per cent. The issues raised in the instant case are controlled by a companion case, .Gunsch v. Gunsch, N.D., 71 N.W.2d 623. In that case to which reference is had, we held that the chattel mortgage sought to be foreclosed was paid in full. The chattel mortgage which was the basis'of plaintiff’s claim to possession having been paid the trial court properly rendered judgment for the defendants.

Affirmed.

BURKE, C. J., and JOHNSON, GRIMSON and MORRIS, JJ., concur.

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SATHRE, Judge.

This is one of a series of actions in which members of the Gunsch family are parties. The actions were consolidated for the purpose of trial and tried together. The issues in the ■ several actions grew out of the same state, of facts. The plaintiff in the instant case brought this action in re-plevin to recover certain personal property for the purpose of foreclosure of a chattel .mortgage thereon to secure payment of the .sum- of $4000.00 and interest at the rate of 4 per cent. The issues raised in the instant case are controlled by a companion case, .Gunsch v. Gunsch, N.D., 71 N.W.2d 623. In that case to which reference is had, we held that the chattel mortgage sought to be foreclosed was paid in full. The chattel mortgage which was the basis'of plaintiff’s claim to possession having been paid the trial court properly rendered judgment for the defendants.

Affirmed.

BURKE, C. J., and JOHNSON, GRIMSON and MORRIS, JJ., concur.

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Bluebook (online)

73 N.W.2d 782, 1955 N.D. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunsch-v-bauer-nd-1955.

Opinion

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