Gorthy v. Jarvis
North Dakota Supreme Court
Appeal from District Court, Barnes county; Burke, J. Action by J. F. Gorthy against Noah Jarvis. Judgment for plaintiff, and defendant appeals.- Plaintiff cannot deprive defendant of a jury trial of legal issues by advancing fictitious claims for equitable relief.
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Appeal from District Court, Barnes county; Burke, J. Action by J. F. Gorthy against Noah Jarvis. Judgment for plaintiff, and defendant appeals.- Plaintiff cannot deprive defendant of a jury trial of legal issues by advancing fictitious claims for equitable relief. Davison v. Associates of the Jersey Co. 71 N. Y. 333; Wheelock v. Lee, 74 N. Y. 495; Bradley v. Aldrich, 40 N. Y. 504; People v. A. J. S. R. Co 57 N. Y. 163. Failure to file statement in each county will not prevent enforcement for the proportionate part in the county in which it was filed. Richmond & Irvine C. C. v. Richmond et al.…
1Opinion of the CourtEngerud, J.
This is an appeal by the defendant from a judgment entered after a trial of the issues by the court without a jury. The only question presented by the assignments of error is whether or not the defendant was erroneously deprived of trial of the issues *510by a jury. 'The complaint sets forth, in substance, that the plaintiff who was the owner and operator of a threshing machine threshed out a crop of wheat, oats and barley for the defendant, the owner of the grain, pursuant to a contract. The number of bushels of each kind of grain threshed and the agreed price for threshing the same is set…
2Cases cited4 opinions
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- Davison v. . Associates of the Jersey CompanyNew York Court of Appeals · 1877
- Martin v. HawthornNorth Dakota Supreme Court · 1893
- Martin v. HawthorneNorth Dakota Supreme Court · 1895
3Cited by7 opinions
- Lounsberry v. KellySouth Dakota Supreme Court · 1913
- Schutt v. Federal Land BankNorth Dakota Supreme Court · 1942
- Kilgore v. the Farmers Union Oil Co. of EppingNorth Dakota Supreme Court · 1946
- Rivinius v. HuberNorth Dakota Supreme Court · 1946
- Klinefelter v. AndersonNorth Dakota Supreme Court · 1930
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