Mills v. Howland
North Dakota Supreme Court
PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. Action to foreclose a mortgage. Judgment for plaintiff. Defendant Charles H. Howland appeals from an order denying a motion to set aside the judgment. The power to hear and determine a cause is jurisdictional.
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PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. Action to foreclose a mortgage. Judgment for plaintiff. Defendant Charles H. Howland appeals from an order denying a motion to set aside the judgment. The power to hear and determine a cause is jurisdictional. It is indispensible to the validity of a judgment in an action that the court by which it is rendered should have jurisdiction of the person of the defendant as well as the subject matter of the action. Kendal v. Washburn, 14 How. Pr. 380. The requirement of the statute that “ the summons shall be subscribed by…
1Opinion of the Court
The opinion of. the court was delivered by
Bartholomew, J.
This is an appeal from an order denying a motion to set aside a judgment. It appears from the abstract that in June, 1888, the plaintiff attempted to bring an action against the defendants for the foreclosure of a mortgage. No appearance was made in the action by either Bichmond W. or Charles H. Howland. An appearance was entered for Warner, who was a non-resident, but no answer filed. Judgment and decree were entered in the case in September, 1888, and the judgment recites that due and personal service had been made upon the…
2Cases cited9 opinions
- Montgomery v. MerrillMichigan Supreme Court · 1877
- Magrew v. FosterSupreme Court of Missouri · 1873
- Moyer v. CookWisconsin Supreme Court · 1860
- Chicago Planing Mill Co. v. Merchants' National BankIllinois Supreme Court · 1881
- Gasper v. AdamsNew York Supreme Court · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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