Bruegger v. Cartier
North Dakota Supreme Court
Appeal from District Court, Williams county; G. A. Pollock, J. Action by John. Bruegger, as trustee of the Bruegger Mercantile Company, against Joseph Cartier. Erom an order sustaining a demurrer to the complaint, plaintiff appeals. Equity will relieve against a judgment which it is against conscience to execute, where the holder of the judgment is deprived of rights without his fault, if it is allowed to stand. Marine Ins.
Read the full summary
Appeal from District Court, Williams county; G. A. Pollock, J. Action by John. Bruegger, as trustee of the Bruegger Mercantile Company, against Joseph Cartier. Erom an order sustaining a demurrer to the complaint, plaintiff appeals. Equity will relieve against a judgment which it is against conscience to execute, where the holder of the judgment is deprived of rights without his fault, if it is allowed to stand. Marine Ins. Co. v. Hodgson, 7 Cranch, 332, 3 L. ed. 362; 1 Black, Judgm. §§ 356, 366; 23 Cyc. Law & Proc. pp. 991, 992; Freeman, Judgm. 3d ed. § 486; Itadzuweit v. Watkins, 53 Neb.…
1Opinion of the CourtCarmody, J.
This is an appeal from an order sustaining a demurrer of defendant to plaintiff’s complaint, and dismissing the action ■upon its merits. This action was brought by the plaintiff herein, as-trustee of the Bruegger Mercantile- Company, for equitable relief’ against a judgment secured by the defendant herein in a former action wherein said -defendant was plaintiff and the plaintiff herein, as the trustee of the Bruegger Mercantile Company, was defendant; said judgment being for specific performance of a certain contract for the conveyance of a parcel of land situate in the city of Williston. The…
2Cases cited22 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Parsons v. WeisCalifornia Supreme Court · 1904
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Chezum v. ClaypoolWashington Supreme Court · 1900
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Indianapolis Life Insurance v. LundquistIndiana Supreme Court · 1944
- Reichert v. ReichertNorth Dakota Supreme Court · 1919
- Dubs ex rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1921
- Coan v. Plaza Equity Elevator Co.North Dakota Supreme Court · 1930
- Zimmerman v. KitzanNorth Dakota Supreme Court · 1950
8 more not listed; retrieve them via the Exa API.