Saunders v. Harris
North Dakota Supreme Court
Appeal by defendant from a judgment of dismissal of the District Court for McHenry County, Burr, J. Statement by Goss, J. This action was first brought before a jus~ tice of the peace in Pierce county, and judgment was there, on the 31st day of December, 1909, rendered against the defendant and appellant.
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Appeal by defendant from a judgment of dismissal of the District Court for McHenry County, Burr, J. Statement by Goss, J. This action was first brought before a jus~ tice of the peace in Pierce county, and judgment was there, on the 31st day of December, 1909, rendered against the defendant and appellant. On January 10, 1910, the defendant and appellant perfected an appeal to the district court of Pierce county, and notice of appeal and undertaking were duly served and filed on January 10, 1910; and thereafter the statutory notice from the clerk was duly sent to said justice of the peace,…
1Opinion of the CourtGoss, J.
(after stating the facts as above). The court acquired jurisdiction by the filing of the notice of appeal and undertaking on appeal, after service thereof. Thereafter the parties stipulated a change of venue, and then stipulated the cause over one term, and it came on regularly for trial as one of the causes for trial at the regular jury term convening in November, 1910. The case was set on peremptory call for disposition by trial or otherwise, and thereafter, quoting from the order dismissing the appeal, was “.duly called for trial and argument on December 5, 1910,” with plaintiff appearing…
2Cases cited12 opinions
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Chenowith v. KeenanWest Virginia Supreme Court · 1906
- Butler v. ThompsonSupreme Court of Florida · 1848
- Rabin v. PierceCalifornia Court of Appeal · 1909
- Haessly v. ThateNorth Dakota Supreme Court · 1907
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3Cited by2 opinions
- Brainard v. WetzsteinNorth Dakota Supreme Court · 1924
- Pathman v. WilliamsNorth Dakota Supreme Court · 1916