Saunders v. Harris
North Dakota Supreme Court
Appeal by defendant from a judgment of dismissal of the District Court for McHenry County, Burr, J. Statement by Goss, J. This action was first brought before a jus~ tice of the peace in Pierce county, and judgment was there, on the 31st day of December, 1909, rendered against the defendant and appellant.
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Appeal by defendant from a judgment of dismissal of the District Court for McHenry County, Burr, J. Statement by Goss, J. This action was first brought before a jus~ tice of the peace in Pierce county, and judgment was there, on the 31st day of December, 1909, rendered against the defendant and appellant. On January 10, 1910, the defendant and appellant perfected an appeal to the district court of Pierce county, and notice of appeal and undertaking were duly served and filed on January 10, 1910; and thereafter the statutory notice from the clerk was duly sent to said justice of the peace,…
1DissentBruce, J.
I cannot concur in-the majority opinion, tn my judgment the filing of the notice of the appeal and the undertaking gave the district court jurisdiction of this case, and under our statute it was no more incumbent upon the defendant to see that the *245justice of tbe peace performed bis duty and transmitted tbe record tban it was upon tbe plaintiff bimself. Tbe only particular in wbicb tbis case differs from tbe case of Haessly v. Thate, 16 N. D. 403, 114 N. W. 311, is tbat to be found in tbe fact tbat tbe defendant was absent at tbe time tbe case was called for trial. This, however, does not…
2Cases cited9 opinions
- Chenowith v. KeenanWest Virginia Supreme Court · 1906
- Eldridge v. KnightNorth Dakota Supreme Court · 1903
- Clark & Donaldson v. Harris & LockeCourt of Appeals of Texas · 1910
- Rabin v. PierceCalifornia Court of Appeal · 1909
- Haessly v. ThateNorth Dakota Supreme Court · 1907
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