Legal Opinion

Hanson v. Gronlie

North Dakota Supreme Court

Decided February 21, 1908PublishedCited by 7 opinions

Appeal from District Court, Sargent county; Allen, J. Action by Ole Hanson against Carl Gronlie. Judgment for plaintiff, and defendant appeals. The overruling of a demurrer reopens the case for trial on the merits. Grovernor v. Signor, 88 N. W. 278. A justice’s jurisdiction must always affirmatively appear. Spears v. Carter, 48 Am. Dec. 687; Root v. McGerrin, 75 Am. Dec. 49. Time and place of meeting must he stated in the order continuing.

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Appeal from District Court, Sargent county; Allen, J. Action by Ole Hanson against Carl Gronlie. Judgment for plaintiff, and defendant appeals. The overruling of a demurrer reopens the case for trial on the merits. Grovernor v. Signor, 88 N. W. 278. A justice’s jurisdiction must always affirmatively appear. Spears v. Carter, 48 Am. Dec. 687; Root v. McGerrin, 75 Am. Dec. 49. Time and place of meeting must he stated in the order continuing. Sluga v. Walker, 81 N. W. 282. A pleading sufficient in justice court is sufficient in district court. Kelsey v. Chicago & N. W. Ry. Co., 45 N. W. 204.…

1Opinion of the CourtFisic, J.

Plaintiff recovered judgment in justice’s court for the sum of $8 and costs. On appeal to the district court this judgment was affirmed, and the case is here on appeal from the judgment of that court.

Appellant assigns error as follows: (1) In overruling defendant’s demurrer to the complaint; (2) in overruling defendant’s motion to make the complaint more definite and certain; (3) in affirming the judgment of the justice court, and ordering it entered as the judgment of the district court; and (4) in overruling appellant’s motion to dismiss the action on the ground that the justice lost…

2Cases cited3 opinions

  1. Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
  2. Miner v. FrancisNorth Dakota Supreme Court · 1894
  3. Grovenor v. SignorNorth Dakota Supreme Court · 1901

3Cited by7 opinions

  1. Bryan v. MillerNorth Dakota Supreme Court · 1944
  2. Joo Leong Tan v. GoddardCalifornia Court of Appeal · 1993
  3. Whitmore v. BehmNorth Dakota Supreme Court · 1911
  4. Chamberlain-Wallace Co. v. AkersNorth Dakota Supreme Court · 1913
  5. Bushnell v. Japanese-American Religious & Cultural CenterCalifornia Court of Appeal · 1996

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