[DOWNLOAD] "Thomas W. Mcmahon v. May Department Stores" by Supreme Court of North Dakota ~ eBook PDF Kindle ePub Free
eBook details
- Title: Thomas W. Mcmahon v. May Department Stores
- Author : Supreme Court of North Dakota
- Release Date : January 09, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This lawsuit arose out of a default judgment obtained by The May Department Stores Company against appellant Thomas W. McMahon, Jr. and a garnishment issued in aid of execution upon such judgment. The judgment in the original action was for merchandise sold by Famous-Barr Company, the name under which May does business in St. Louis, to the appellants former wife subsequent to their divorce. The petition in the present case is in three counts. In Count I appellant sought to set aside the default judgment on the grounds that it had been procured through a fraudulent return of service made by an employee of respondent. In Count II he asked $5,000 actual and $25,000 punitive damages alleged to have been suffered "by reason of defendant by its attorneys, agents and employees making, aiding and abetting a false return and obtaining said judgment." In Count III he sought the same amount of damages for the action of respondent in "wrongfully ordering garnishment proceedings in an effort to collect the judgment based upon said false return."
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