Stockwell v. Haigh
North Dakota Supreme Court
Appeal from District Court, Biilings county; Nuchols, Special Judge. From aii order granting defendant’s motion for a change of the place of trial, plaintiff appeals. Judge Crawford was disqualified to act, and the making of the order was without authority of law, and gave Judge Nuchols no right to hear the application.
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Appeal from District Court, Biilings county; Nuchols, Special Judge. From aii order granting defendant’s motion for a change of the place of trial, plaintiff appeals. Judge Crawford was disqualified to act, and the making of the order was without authority of law, and gave Judge Nuchols no right to hear the application. Orcutt v. Conrad, 10 N. D. 431, 87 N. W. 982; Tiffany v. Lord, 65 N. Y. 310; Wheeler v. Lampman, 4 Johns. 481; Malcolm v. Rogers, 1 Cow. 1; Brett v. Brown, 13 Abb. Pr. N. S. 295; Yon Hesse v. Mackaye, 8 N. Y. Supp. 894. If the court considers the application on its merits, the…
1Opinion of the CourtFisk, J.
On June 10, 1911, Judge Crawford, of the tenth judicial district, issued an order in this action, requiring plaintiff to show cause on July 19, 1911, at 9 o’clock a. m., why a change of the place *56of trial of such cause should not be ordered. The order to show cause was supported by a large number of affidavits by residents of Billings county, wherein such action was at the time pending, tending to show that an impartial trial could not be had therein. Such order was made returnable before any other district judge then presiding at the term of the district court in Billings county in case of…
2Cases cited2 opinions
- State v. WinchesterNorth Dakota Supreme Court · 1909
- Stockwell v. CrawfordNorth Dakota Supreme Court · 1911
3Cited by4 opinions
- Jerry Harmon Motors, Inc. v. First National Bank & Trust Co.North Dakota Supreme Court · 1989
- Ricketts v. BoltonCourt of Appeals of Kentucky · 1917
- Peoples State Bank v. NordnessSouth Dakota Supreme Court · 1926
- State v. DuffyNorth Dakota Supreme Court · 1935