Eldridge v. Knight
North Dakota Supreme Court
Appeal from district court, Barnes county; Glaspell, J. Action by Samuel Eldridge against Joseph E. Knight to recover possession of personal property. Plaintiff recovered judgment in justice court for the possession of the property and for his costs. Defendant appealed from this judgment in proper time to the district court upon questions of both law and fact.
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Appeal from district court, Barnes county; Glaspell, J. Action by Samuel Eldridge against Joseph E. Knight to recover possession of personal property. Plaintiff recovered judgment in justice court for the possession of the property and for his costs. Defendant appealed from this judgment in proper time to the district court upon questions of both law and fact. The notice and undertaking for appeal were in proper form, and -were served upon plaintiff’s attorneys, and service thereof admitted by them in writing. Thereafter, and on the same day, the undertaking for appeal was approved by the…
1Opinion of the CourtCochrane, J.
The sole question raised by this appeal is whether the undertaking upon appeal from the justice to the district court must be approved by the clerk of the district court to which the appeal is taken before the same is served upon the adverse party or his attorney. It is claimed that the security contract does not become an undertaking, within the meaning of the statute, until it has been approved by the clerk of 'the district court, and filed; and that proof of its approval and filing should be served with the undertaking, that service of an approved undertaking is jurisdictional. Therefore,…
2Cases cited14 opinions
- In re WeberNorth Dakota Supreme Court · 1894
- State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
- People v. EdwardsCalifornia Supreme Court · 1858
- Santom v. BallardMassachusetts Supreme Judicial Court · 1882
- Mendocino County v. MorrisCalifornia Supreme Court · 1867
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- National Bank of Commerce v. PickNorth Dakota Supreme Court · 1904
- Lea County State Bank v. McCaskey Register Co.New Mexico Supreme Court · 1935
- Quarton v. O'NeilNorth Dakota Supreme Court · 1924
- Deardoff v. ThorstensenNorth Dakota Supreme Court · 1907
- Walker v. MarondaNorth Dakota Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.