Davis v. Long
North Dakota Supreme Court
Appeal from the District Court of Morton County, Hanley, J. Defendant appeals from a judgment and from an order denying a motion for judgment notwithstanding the verdict or for a.new trial. The employee is not deemed to have any distinct possession, his possession being deemed in law, during the employment, that of his employer, without any rights surviving the employment. 16 R. O. L. p. 582, § 57; Lane v. Au Sable Electric Co. Ann.
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Appeal from the District Court of Morton County, Hanley, J. Defendant appeals from a judgment and from an order denying a motion for judgment notwithstanding the verdict or for a.new trial. The employee is not deemed to have any distinct possession, his possession being deemed in law, during the employment, that of his employer, without any rights surviving the employment. 16 R. O. L. p. 582, § 57; Lane v. Au Sable Electric Co. Ann. Cas. 19160, 1112 note; Wood, Master & S. 2d ed. § 155, p. 304; DeBrair v. Mintrum, 1 Cal. 450. Master has the right to use force reasonably necessary to expel…
1Opinion of the Court
Christianson, Oh. J.
Plaintiff commenced this action in a justice’s court of Morton county to recover the possession of certain real property situated in that county, and for treble damages for having been ejected therefrom. In his complaint the plaintiff averred that he “was rightfully and peaceably in possession of a certain farm and dwelling house, barns and sheds thereon, described as follows, to wit: Northwest quarter of section thirty-four (34), township one hundred thirty-four, range eighty, Morton county, North Dakota;” and “that on the 4th day of September, a. d. 1917, the defendant…
2Cases cited9 opinions
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Iron Mountain & Helena Railroad v. JohnsonSupreme Court of the United States · 1887
- Bowman v. BradleySupreme Court of Pennsylvania · 1892
- De Briar v. MinturnCalifornia Supreme Court · 1851
- Murry v. BurrisSupreme Court Of The Territory Of Dakota · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Huus v. RingoNorth Dakota Supreme Court · 1949
- Wernet v. JurgensenSupreme Court of Iowa · 1950
- Angel v. Black Band Consolidated Coal Co.West Virginia Supreme Court · 1924
- Vinquist v. SiegertNorth Dakota Supreme Court · 1929
- Keefe v. City of MonroeLouisiana Court of Appeal · 1929
3 more not listed; retrieve them via the Exa API.