Bank of Park River v. Town of Norton
North Dakota Supreme Court
Appeal from District Court, Walsh county; Lauder, J. Action by the Bank of Park River against the town of Norton. Judgment for plaintiff, and defendant appeals. The order not being drawn upon the fund out of which it is payable is void. 1 Dill on Mun. Cor. 505 ; Argenti v. City of San Francisco, 16 Cal. 256; Martin v. City and County of San Francisco, 16 Cal. 285; Minor v. Loggins, 37 S. W. 1086; 15 Am. & Eng. Enc. Law (1st Ed.) 1214; People ex rel.
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Appeal from District Court, Walsh county; Lauder, J. Action by the Bank of Park River against the town of Norton. Judgment for plaintiff, and defendant appeals. The order not being drawn upon the fund out of which it is payable is void. 1 Dill on Mun. Cor. 505 ; Argenti v. City of San Francisco, 16 Cal. 256; Martin v. City and County of San Francisco, 16 Cal. 285; Minor v. Loggins, 37 S. W. 1086; 15 Am. & Eng. Enc. Law (1st Ed.) 1214; People ex rel. J. G. Cooke v. Lewis Wood, 71 N. Y. 371; Baber v. City of Seattle, 27 Pac. 462; Rev. Codes, sections 1919, 1294, 2598, 1115f. The mode of…
1Opinion of the CourtMorgan, C. J.
This cause was tried in the district court under the provisions of section 5630, Rev. Codes 1899. This court so held on a former appeal from an order denying a new trial in this case. 12 N. D. 497, 97 N. W. 860. The appellant has not demanded a trial de novo on this -appeal, and is therefore not entitled to a review of the evidence on the appeal. State v. McGruer, 9 N. D. 566, 84 N. W. 363; Security Improvement Co. v. Cass. County, 9 N. D. 555, 84 N. W. 477. It therefore remains only to determine whether .the pleadings and findings will sustain the judgment.
The action was brought upon an…
2Cases cited4 opinions
- State ex rel. McClory v. McGruerNorth Dakota Supreme Court · 1900
- Security Improvement Co. v. Cass CountyNorth Dakota Supreme Court · 1900
- Bank of Park River v. Town of NortonNorth Dakota Supreme Court · 1903
- Thompson v. Fargo Heating & Plumbing Co.North Dakota Supreme Court · 1905
3Cited by4 opinions
- Retterath v. RetterathNorth Dakota Supreme Court · 1949
- Lunde v. IrishNorth Dakota Supreme Court · 1923
- Coffland v. NaftalinNorth Dakota Supreme Court · 1929
- Cornelius v. City of FargoNorth Dakota Supreme Court · 1955