Braithwaite v. Akin
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. Action by William Braithwaite against Akin and others. William Rea and George F. Robinson, partners as Robinson, Rea & Co., and others intervened. To the complaint in intervention, plaintiff, Braithwaite, answered, setting up counterclaims. To this answer interveners demurred. From an order overruling their demurrer, interveners appeal.
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Appeal from District Court, Burleigh County; Winchester, J. Action by William Braithwaite against Akin and others. William Rea and George F. Robinson, partners as Robinson, Rea & Co., and others intervened. To the complaint in intervention, plaintiff, Braithwaite, answered, setting up counterclaims. To this answer interveners demurred. From an order overruling their demurrer, interveners appeal. A single count of a complaint cannot be permitted to combine several kinds of action as one in tort, one for money demand on contract, and one in equity. Supervisors v. Decker, 30 Wis. 624; Schuenert…
1Opinion of the CourtCorliss, J.
This case is no stranger in this court. In various forms it has already been before us several times. 1 N. D. 455, 475, 48 N. W. Rep. 354, 361; 2 N. D. 57, 49 N. W. Rep. 419. On this appeal we have to deal with the rights of the interveners and the plaintiff. The defendants are no longer interested in the contests of the cause. Their liability to the plaintiff and the interveners has been finally established, and now the only strife is between the interveners and the plaintiff over the judgment they have recovered. By their complaint in intervention, the interveners have ingrafted upon the…
2Cases cited43 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Edgerton v. . PageNew York Court of Appeals · 1859
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Continental National Bank v. WeemsTexas Supreme Court · 1888
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
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3Cited by19 opinions
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
- Roney v. H. S. Halvorsen Co.North Dakota Supreme Court · 1914
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- Topas v. John MacGregor Grant, Inc.Court of Appeals for the Second Circuit · 1927
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