Legal Opinion

Merchant v. Pielke

North Dakota Supreme Court

Decided April 27, 1900PublishedCited by 9 opinions

Appeal from District Court, Richland County; Pollock, J. Action by Moses Merchant against Michael Pielke. Judgment for defendant, and plaintiff appeals. The supersedeas does not suspend or impair the operation of the injunction of the District Court pending appeal.

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Appeal from District Court, Richland County; Pollock, J. Action by Moses Merchant against Michael Pielke. Judgment for defendant, and plaintiff appeals. The supersedeas does not suspend or impair the operation of the injunction of the District Court pending appeal. Under the statute, whatever there is in the judgment that is mandatory is stayed by the supersedeas, but whatever there is in the judgment that is prohibitory is not stayed. § 5516, Rev. Codes; Dewey v. Superior Court, 22 Pac. Rep. 233; Stewart v. Stewart, 35 Pac. Rep. 156. The purpose of an injunction is to hold the subject of…

1Opinion of the CourtBartholomew, C. J.

Plaintiff was in possession of certain lands and certain buildings thereon under a contract with defendant, who was the owner of the land. Disputes arose between them as to the possession and right of possession of certain of the buildings and certain land. These disputes reached the stage of personal violence, and, as the record shows, defendant threatened plaintiff with great damage to his person and property if he (the plaintiff) persisted in his claims of possession. Plaintiff' brought an action in equity to reform the contract under which he held, and thereby settle these aggravated…

2Cases cited5 opinions

  1. People Ex Rel. Day v. . BergenNew York Court of Appeals · 1873
  2. O'Callaghan v. O'CallaghanIllinois Supreme Court · 1873
  3. Heinlen v. CrossCalifornia Supreme Court · 1883
  4. State ex rel. Edwards v. DavisNorth Dakota Supreme Court · 1892
  5. Merchant v. PielkeNorth Dakota Supreme Court · 1900

3Cited by9 opinions

  1. Johnson v. JohnsonNorth Dakota Supreme Court · 1995
  2. Glasser v. GlasserNorth Dakota Supreme Court · 2006
  3. Merchant v. PielkeNorth Dakota Supreme Court · 1900
  4. Olson v. MattisonNorth Dakota Supreme Court · 1907
  5. Red River Valley Brick Corp. v. City of Grand ForksNorth Dakota Supreme Court · 1914

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