Gorder v. Hilliboe
North Dakota Supreme Court
Appeal from District Court, Bottineau County; Goss, J. Action by J. L. Gorder, administrator of Martin J. Forde, ■against P. S. Hilliboe, administrator of E. Ertresvaag. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Bottineau County; Goss, J. Action by J. L. Gorder, administrator of Martin J. Forde, ■against P. S. Hilliboe, administrator of E. Ertresvaag. Judgment for plaintiff, and defendant appeals. Testimony on cross examination is the evidence of the party ■eliciting it. ■ Wilson v. Wagner, 26 Mich. 518; Campeau v. Dewey, '9 Mich. 381; Shartz v. Shartz, 35 Mich. 485. Where a statute excludes testimony .as to transactions with the decedent is silent as to the right of the opposite party, the latter can examine. Dudley v. Steele, 71 Ala. 423; Chase v. Enroy, 51 Cal., G18;…
1Opinion of the CourtMorgan, C. J.
This is an action for damages 'based on the alleged conversion of grain. The plaintiff is the administrator of the estate of one M. J. Forde, deceased. The defendant is the administrator of the estate of one E. Ertresvaag, deceased. Forde executed and delivered to Ertresvaag a chattel mortgage on the following described property, viz: “All the crops that shall be sowm planted, grown, raised or harvested during the year 1903 on the N. E. quarter of section 7, township. 162, range 78, now in my possession in the county of Bottineau and state aforesaid.” The mortgage was given and dated on…
2Cases cited2 opinions
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