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MEES v. ERETH

Civ. No. 900141.

466 N.W.2d 135 (1991)

Lawrence and Jacqueline MEES, Plaintiffs and Appellees, v. Eleanor and Kenneth ERETH, Defendants and Appellants.

Supreme Court of North Dakota.

February 21, 1991.

Attorney(s) appearing for the Case

Zuger Law offices, Bismarck, for plaintiffs and appellees; William P. Zuger (argued).

Wheeler Wolf, Bismarck, for defendants and appellants; Jack McDonald, Jr. (argued).

Bruce B. Haskell, Asst. State's Atty., Bismarck, for Burleigh County Sheriff's Dept.; submitted on brief.

MESCHKE, Justice.

Eleanor and Kenneth Ereth appealed from a post judgment order by the district court denying their motion to direct the Burleigh County sheriff to return, as exempt, their Norwest Bank funds that he had seized by an execution levy. We reverse and remand.

Lawrence and Jacqueline Mees obtained a money judgment for $35,609.50 against the Ereths. After the clerk of the district court issued an execution on the judgment, the Meeses' attorney requested...

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