North Dakota Prejudgment Attachment Statute Declared Unconstitutional
Boyd, Samuel Lane
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Explains the United States Court of Appeals for the Eighth Circuit’s decision in Guzman v. Western State Bank. Guzman challenged a North Dakota attachment statute that allowed for property to be seized prejudgment. The court held that this statute was unconstitutional, as it deprived the property owner of due process as guaranteed by the fourteenth amendment.