Bergen Township v. Nelson County
North Dakota Supreme Court
Appeal from an order of the District Court of Nelson County, Gooley, J. Plaintiffs appeal. The rule is that when an unauthorized amendment is stricken out, the parties are left in their former position. Bryant, Code PI. § 231; Frank v. Bush, 63 How. Pr. 282. A motion for an order must state the relief sought, and the order must be limited to the relief specified. The motion here was made too late, in any event.
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Appeal from an order of the District Court of Nelson County, Gooley, J. Plaintiffs appeal. The rule is that when an unauthorized amendment is stricken out, the parties are left in their former position. Bryant, Code PI. § 231; Frank v. Bush, 63 How. Pr. 282. A motion for an order must state the relief sought, and the order must be limited to the relief specified. The motion here was made too late, in any event. Barker v. Cook, 40 Barb. 254; Bowman v. Sheldon, 5-Sandf.‘657; District Ct. Buie No. 34; Bryant, Code PI. § 231; Hollister v. Livingston, 9 How. Pr. 140; Follower v. Laughlin, 12 Abb.…
1Opinion of the CourtChristianson, J.
This action involves a drainage project in Nelson-county. The specific relief demanded in the complaint is that the special assessments levied for the construction of such drain be canceled and annulled, and all proceedings in regard thereto adjudged null and void, and the defendants enjoined from further attempting to construct such drain or levy any special assessment therefor. The action was commenced on February 19, 1915. The original complaint was superseded by an amended complaint. The defendants demurred to such amended complaint on various grounds. On May 4, 1915, the district court…
2Cases cited12 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- State ex rel. Dorgan v. FiskNorth Dakota Supreme Court · 1906
- Stone v. Little Yellow Drainage DistrictWisconsin Supreme Court · 1903
- Soliah v. HeskinSupreme Court of the United States · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1943
- Strehlow v. FeeNorth Dakota Supreme Court · 1917
- LaDuke v. E. W. Wylie Co.North Dakota Supreme Court · 1950
- Barnes v. Cass CountyNorth Dakota Supreme Court · 1929
3 more not listed; retrieve them via the Exa API.