Harris v. Watkins
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Spink county; Hon. L. K. Church, Judge. When a general appearance and answer have been interposed there can be no judgment by default, but the trial must proceed on its merits. Jus.
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Appeal from the district court of Spink county; Hon. L. K. Church, Judge. When a general appearance and answer have been interposed there can be no judgment by default, but the trial must proceed on its merits. Jus. Code, §§ 42, 43. See, also, §§ 11, 12. The appellant had perfected his appeal within the time allowed by law, and had paid the justice his fees for forwarding the transcript, yet the justice did not forward the papers to the clerk of the district court until 12 days thereafter, though the law says he must forward them within five. This neglect of the-officer to perform his duty…
1Opinion of the CourtFrancis, J.
September 17, 1886, respondent commenced an action in the court of a justice of the peace to recover the sum of $75 damages for property alleged to have been converted by the defendant. September 25, 1886, the case was set for hearing, *376but, upon motion of attorney for appellant, was continued to October 1,1886. October 1, 1886, an answer was filed on behalf of the defendant (appellant) by his attorney, denying each and every allegation contained in the complaint of the plaintiff, (respondent,) but the appellant, (defendant,) being mistaken as to the hour set for the trial, did not himself…
2Cited by2 opinions
- State v. RozumNorth Dakota Supreme Court · 1899
- Mouser v. PalmerSouth Dakota Supreme Court · 1892