Murphy v. Casselman
North Dakota Supreme Court
Appeal from tbe District Court for Grand Forks County, Temple-ton, J. Motion to dismiss appeal on the ground of voluntary payment of the judgment. Statement by Bbuce, J. This is a motion to dismiss an appeal on the ground that the matters in controversy have been disposed of by a voluntary payment, and that the appeal would now merely raise a moot •question.
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Appeal from tbe District Court for Grand Forks County, Temple-ton, J. Motion to dismiss appeal on the ground of voluntary payment of the judgment. Statement by Bbuce, J. This is a motion to dismiss an appeal on the ground that the matters in controversy have been disposed of by a voluntary payment, and that the appeal would now merely raise a moot •question. On the 17th day of June, 1902, a judgment was rendered in favor of one Frank B. Lown, trustee, and against one Judson P. Cas-selman, in the district court of Grand Forks county, for the sum of $985.09. On the 18th day of June, 1902, O. J.…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The only question to be decided on this motion is whether the payment by the defendant Judson P. Casselman, in order to redeem the property sold under the judgment rendered in the case of Lown v. Casselman, and for the satisfaction of the attorney’s lien of the plaintiff Murphy, which the district court had ordered preserved, was so far a *339voluntary payment of the lien and the debt that, if the judgment in said cause were set aside by this court on the appeal now pending, no recovery could be had by the said Casselman for damages accruing from the levy of…
2Cases cited4 opinions
- Lindsay v. FayWisconsin Supreme Court · 1871
- Shane v. City of St. PaulSupreme Court of Minnesota · 1880
- Whittaker v. City of DeadwoodSouth Dakota Supreme Court · 1900
- Wessel v. D. S. B. Johnston Land & Mortgage Co.North Dakota Supreme Court · 1893
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- Robinson v. CommissionerUnited States Board of Tax Appeals · 1933
- Gold-Stabeck Loan & Credit Co. v. KinneyNorth Dakota Supreme Court · 1916
- Boyle v. CommissionerUnited States Tax Court · 1950
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