Dahl v. Stakke
North Dakota Supreme Court
Appeal from District Court, Cavalier county; W. J. Kneeshaw, J. Action on purchase money notes by Hans C. Dahl against Andrew J. Stakke and another. Judgment for plaintiff, and defendants appeal. The note described in the first cause of action is barred by the statute of limitátions.
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Appeal from District Court, Cavalier county; W. J. Kneeshaw, J. Action on purchase money notes by Hans C. Dahl against Andrew J. Stakke and another. Judgment for plaintiff, and defendants appeal. The note described in the first cause of action is barred by the statute of limitátions. Section 5201, Rev. Codes 1899. It was given July 1, 1891, and was payable December 1, 1892, and the action was not begun until November 27, 1899. The evidence showed no new promise, or payment to take it out of the statute. The claim of payment of $38.73 on October 12, 1893, is not proven. If not barred, on…
1Opinion of the CourtMorgan, J.
On the trial in the District Court, the court directed a verdict in plaintiff’s favor for the full amount claimed in the complaint. The defendants saved no exceptions to rulings made during the progress of the trial, and took no exception to the direction of a verdict in plaintiff’s favor. The respondent now claims that this court cannot review any of the errors alleged to have been committed by the District Court, for the reason that no exceptions were taken to any of the rulings in the District Court. The appellants moved to set aside the verdict and for a new trial upon a settled statement…
2Cases cited28 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Delavergne v. NorrisNew York Supreme Court · 1811
- Brandt v. FosterSupreme Court of Iowa · 1857
- Mecklem v. BlakeWisconsin Supreme Court · 1868
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3Cited by8 opinions
- Dierksen v. PahlSupreme Court of Iowa · 1922
- Hounchin v. SalyardsSupreme Court of Iowa · 1911
- Dunn v. MillsSupreme Court of Kansas · 1905
- Miller v. ShelburnNorth Dakota Supreme Court · 1906
- McNab v. Northern Pacific Railway Co.North Dakota Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.