Legal Opinion

Olson v. Shirley

North Dakota Supreme Court

Decided May 28, 1903PublishedCited by 10 opinions

Appeal from District Court, Ward County; John F. Cowan, J. Action by Sophia Olson and another against John C. Shirley and wife. Judgment for plaintiffs, and defendants appeal. The appeal, as to Mrs. Shirley, from justice court, should have-been dismissed by the district court, since she was not served with summons, nor appeared, and objection to jurisdiction was seasonably- and properly made.

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Appeal from District Court, Ward County; John F. Cowan, J. Action by Sophia Olson and another against John C. Shirley and wife. Judgment for plaintiffs, and defendants appeal. The appeal, as to Mrs. Shirley, from justice court, should have-been dismissed by the district court, since she was not served with summons, nor appeared, and objection to jurisdiction was seasonably- and properly made. Vidger et al. v. Nolin, 10 N. D. 353, 87 N. W. Rep. 593; Leonosio v. Bartilino (S. D.) 63 N. W. Rep. 543. Under' section 6677 Rev. Codes, notice to quit must be served, returned,, and filed with the…

1Opinion of the CourtYoung, C. J.

This case is before us OH the defendants’ appeal from a judgment entered against them by the district court of' Ward county. The action was brought in justice court to recover the possession of certain rooms in a dwelling hcxase situated in the city of Minot, and for $75 delinquent rent. Two continuances were-granted by the justice upon plaintiffs’ motion and over defendants’’ objection. At the date of the hearing fixed at the last adjournment the justice, on defendants’ motion, entered judgment dismissing the-action upon the ground that he had lost jurisdiction by the adjournment. In due…

2Cases cited5 opinions

  1. Lewis & Pickering v. C. W. Williams & SonsSupreme Court of Minnesota · 1859
  2. Grovenor v. SignorNorth Dakota Supreme Court · 1901
  3. Lindskog v. SchouweilerSouth Dakota Supreme Court · 1899
  4. Nichols v. RandallSupreme Court of Minnesota · 1861
  5. Coughran v. WilsonSouth Dakota Supreme Court · 1895

3Cited by10 opinions

  1. Jacobson v. State, Department of State HighwaysNorth Dakota Supreme Court · 1938
  2. Sexton v. SutherlandNorth Dakota Supreme Court · 1917
  3. State ex rel. Viking Township v. MikkelsonNorth Dakota Supreme Court · 1912
  4. Walker v. MarondaNorth Dakota Supreme Court · 1906
  5. Bruffarts v. OberNorth Dakota Supreme Court · 1922

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