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FRIEDT v. MOSEANKO

Civ. No. 920058.

498 N.W.2d 129 (1993)

Delores FRIEDT, Plaintiff and Appellee, v. James MOSEANKO d/b/a Prairie Hills Dairy, Defendant and Appellant, v. SCHULTZ CREAMERY, Garnishee, v. Deborah MOSEANKO and Sam Zarek, Third-Party Defendants, Farmers Home Administration, Third-Party Defendant.

Supreme Court of North Dakota.

March 24, 1993.

Attorney(s) appearing for the Case

McGee, Hankla, Backes & Wheeler, Ltd., Minot, for plaintiff and appellee; argued by Lolita Romanick.

Clare R. Hochhalter (appeared), Asst. U.S. Atty., United States Attorney's Office, Bismarck, for third-party defendant.

James Moseanko (argued), Butte, pro se, for defendant and appellant. Appearance by Deborah Moseanko.

MESCHKE, Justice.

James Moseanko appeals from the garnishment and execution seizure of the proceeds from the sale of milk to a creamery, and from orders denying his claims that the milk funds were exempt from seizure as "earnings" or "crops." We affirm.

Delores Friedt sued James Moseanko in 1988 to collect a promissory note. "After Moseanko had three times failed to appear for depositions scheduled by Friedt," the trial court granted default judgment to Friedt...

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