Page:North Dakota Reports (vol. 1).pdf/557

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1. Evidence examined and held sufficient to have taken the case to the jury. Slattery v. Donnelly, 264.

2. Evidence held sufficient to establish waiver of proofs of loss. ''Johnson v. Ins. Co., 167''.

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In an action of claim and delivery, brought against a sheriff, the defendant justified his seizure and detention of the property under two certain writs of attachment in his hands against the property of plaintiff; and, anticipating that plaintiff would claim such property exempt from seizure under the general exemption law of the state, defendant alleged, further, that the debts sought to be recovered in the actions in which the attachments were issued were debts incurred by plaintiff under false pretenses, setting forth such pretenses. Held a good defense, under § 5139, Comp. Laws. Held, further, that the refusal of the court to allow defendant to prove the false pretenses as alleged was reversible error. Taylor v. Rice, 72.