Fargo Silo Co. v. Pioneer Stock Co.
North Dakota Supreme Court
Appeal from tbe District Court of Cass County, A. T. Cole, J. Motion to dismiss interposed by respondent. Where both judgment and order denying a new trial are appealable both may be joined in one appeal.
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Appeal from tbe District Court of Cass County, A. T. Cole, J. Motion to dismiss interposed by respondent. Where both judgment and order denying a new trial are appealable both may be joined in one appeal. Hedderich v. Hedderich, 18 N. D. 488, 123 N. W. 276; Sucker State Drill Co. v. Brock, 18 N. D. 8, 118 N. W. 348, 18 N. D. 598, 120 N. W. 757, 18 N. D. 532, 123 N. W. 667; Shuman v. Buud, 32 N. D. 327, 155 N. W. 688. Two wholly independent appeals cannot be taken by one notice of appeal. Prondzinski v. Garbett, 9 N. D. 244; State v. Gang, 10 N. D. 331; Hawkins v. Hubbard, 2 S. D. 631, 51 N.…
1Opinion of the CourtBirdzell, J.
Respondents bave moved to dismiss tbis appeal on two grounds: First, that tbe appeal is duplicitous in that tbe notice embraces both an appeal from an order denying defendants’ and appellants’ motion to vacate the judgment, wbicb bad been entered by default, and an appeal from tbe judgment; and, second, that tbe under-talcing is ambiguous and wholly ineffectual in that it treats as one tbe attempted appeals wbicb are combined in tbe notice. Both appeals are clearly attempted to be taken in tbe one notice. It may be thus technically duplicitous, but it does not necessarily follow from tbis…
2Cases cited8 opinions
- Winter v. McMillanCalifornia Supreme Court · 1890
- Williams v. WilliamsSouth Dakota Supreme Court · 1894
- Carpentier v. WilliamsonCalifornia Supreme Court · 1864
- Kinney v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1905
- Hawkins v. HubbardSouth Dakota Supreme Court · 1892
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3Cited by2 opinions
- City of Duncan v. AbramsSupreme Court of Oklahoma · 1935
- Nesvold v. ThompsonNorth Dakota Supreme Court · 1928