Legal Opinion

Comeford v. Morwood

North Dakota Supreme Court

Decided June 10, 1916PublishedCited by 5 opinions

Appeal from the District Court of Bottineau County, Cooley, Special Judge. From a judgment and an order denying an alternative motion for judgment notwithstanding the verdict or for a new trial, defendant appeals. Each party to a civil action is entitled to three peremptory challenges. Comp.

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Appeal from the District Court of Bottineau County, Cooley, Special Judge. From a judgment and an order denying an alternative motion for judgment notwithstanding the verdict or for a new trial, defendant appeals. Each party to a civil action is entitled to three peremptory challenges. Comp. Laws 1913, § 7615; Sileox v. Lang, 78 Cal. 120, 20 Pac. 297. Such challenges are made without assigning any reason, and the right of such challenge, within the limited number, is absolute, and cannot be abridged or impaired by any arbitrary rule of court. 24 Cyc. 351, 367; Mutual L. Ins. Co. v. Hillmon,…

1Opinion of the CourtChristianson, J.

Plaintiff recovered a verdict against defendant for $500 in an action for malicious prosecution of a criminal action. The principal facts out of which this litigation grew are as follows': Tbe plaintiff, Comeford, was indebted to the defendant, Morwood, on an unsecured promissory note for $41, and an open book account for $159.60. In settlement of this indebtedness tbe plaintiff, on November 16, 1912, executed and delivered to tbe defendant, Morwood, a promissory note for $200.60, payable December 16, 1912, and secured the payment of said promissory note by chattel mortgage on two horses, a…

2Cases cited2 opinions

  1. Kolka v. JonesNorth Dakota Supreme Court · 1897
  2. Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890

3Cited by5 opinions

  1. State v. MartinNew Mexico Supreme Court · 1926
  2. Redahl v. StevensNorth Dakota Supreme Court · 1933
  3. Mielke Ex Rel. Mielke v. RodeNorth Dakota Supreme Court · 1929
  4. Shong v. StinchfieldNorth Dakota Supreme Court · 1921
  5. Pierce v. LyonsSouth Dakota Supreme Court · 1920

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