Beyer v. Robinson
North Dakota Supreme Court
Appeal from the District Court of Stark County, Crawford', J. District courts have the power to amend their records and to correct same to correspond to the actual facts. The original decree in this case was so amended by order of the court, before appeal and supersedeas bond, from the original judgment entered. The bond, therefore, had no effect upon the corrected decree. The appeal was from the decree erroneously entered, and not from the amended decree and judgment.
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Appeal from the District Court of Stark County, Crawford', J. District courts have the power to amend their records and to correct same to correspond to the actual facts. The original decree in this case was so amended by order of the court, before appeal and supersedeas bond, from the original judgment entered. The bond, therefore, had no effect upon the corrected decree. The appeal was from the decree erroneously entered, and not from the amended decree and judgment. Dedrick v. Charrier, 15 N. D. 515, 125 Am. St. Rep. 608, 108 N. W. 38. The order fixing the supersedeas bond was void because…
1Opinion of the CourtBurke, J.
This is still another chapter in the litigation begun by Investors’ Syndicate v. Letts, 22 N. D. 452, 134 N. W. 317, and continued in Beyer v. Investors’ Syndicate Co. 31 N. D. 247, 153 N. W. 476, where a statement of facts appears. In 1912 Beyer brought an action to determine adverse claims involving the N.W.jj- of section 16, 139 — 94, and three other quarter sections in Stark county, North Dakota. This original complaint gave a correct description of the, lands involved, but shortly thereafter an amended complaint was served in which this particular quarter was erroneously described as the…
2Cases cited4 opinions
- Beyer v. Investors' SyndicateNorth Dakota Supreme Court · 1915
- Investors' Syndicate v. LettsNorth Dakota Supreme Court · 1911
- Sucker State Drill Co. v. BrockNorth Dakota Supreme Court · 1908
- Beddow v. FlageNorth Dakota Supreme Court · 1910
3Cited by5 opinions
- Verry v. MurphyNorth Dakota Supreme Court · 1968
- Bonde v. SternNorth Dakota Supreme Court · 1943
- Beyer v. Investor's SyndicateNorth Dakota Supreme Court · 1921
- Beyer v. North American Coal & Mining Co.North Dakota Supreme Court · 1916
- Beyer v. North American Coal & Mining Co.North Dakota Supreme Court · 1917