Kramer v. Heins
North Dakota Supreme Court
Appeal from an order of the District Court of Ward County,. Leighton, J., denying a motion to dismiss an appeal from the County Court, and also from an order changing the place of trial from Wells County to Ward County. Action to set aside the probate of a will. Statement of facts by Bruce, J. This action originated in the county court of Wells county, North.
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Appeal from an order of the District Court of Ward County,. Leighton, J., denying a motion to dismiss an appeal from the County Court, and also from an order changing the place of trial from Wells County to Ward County. Action to set aside the probate of a will. Statement of facts by Bruce, J. This action originated in the county court of Wells county, North. Dakota, where the last will and testament of one Dick Dammann was admitted to probate on or about the 2d of August, 1913. About a year later a petition was filed by the petitioner and respondent to revoke such probate, and a hearing was…
1Opinion of the Court
Bruce, T.
(after stating the facts as above). Counsel for respondent suggests that the order refusing to dismiss the appeal from the county court may not be an appealable order. It is not necessary, however, for us to consider this question, as there is also an appeal from the order granting the change of venue, and that such an order “involves the merits of the action,” and is therefore appealable under the provisions of § 7841 of the Compiled Laws of 1913, is well established. See Robertson Lumber Co. v. Jones, 13 N. D. 112, 99 N. W. 1082. The questions raised by both appeals are also…
2Cases cited9 opinions
- Aylmer v. AdamsNorth Dakota Supreme Court · 1915
- Pearkes v. FreerCalifornia Supreme Court · 1858
- Robertson Lumber Co. v. JonesNorth Dakota Supreme Court · 1904
- Booren v. McWilliamsNorth Dakota Supreme Court · 1916
- Finch v. BillingsSupreme Court of Iowa · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Curren v. StoryNorth Dakota Supreme Court · 1918
- Kiley v. MecklerNorth Dakota Supreme Court · 1928
- Bartholomay v. St. Thomas Lumber CompanyNorth Dakota Supreme Court · 1963
- Wolfson v. SchieberNorth Dakota Supreme Court · 1924
- Basin Electric Power Cooperative v. BoschkerNorth Dakota Supreme Court · 1980
2 more not listed; retrieve them via the Exa API.