Legal Opinion

St. Paul, Minneapolis & Manitoba Railway Co. v. Blakemore

North Dakota Supreme Court

Decided February 1, 1908PublishedCited by 8 opinions

Application by the St. Paul, Minneapolis & Manitoba Railway Company for writ of certiorari to Robert B. Blakemore and others. The county of Cass intervenes. Payment of a judgment ends litigation and subsequent orders are void. Rev. Codes 1905, section 7346; Signor v. Clark, 13 N. D. 36, 99 N. W. 68; Dows v. Meyer, 14 N. Y. 527; Northwestern Tel. Co. v. N. P. Ry. Co., 9 N. D. 339, 83 N. W. 215; Bolton v. Donovan, 9 N. D. 575, 84 N. W. 357; McMahon v. Allen, 12 How.

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Application by the St. Paul, Minneapolis & Manitoba Railway Company for writ of certiorari to Robert B. Blakemore and others. The county of Cass intervenes. Payment of a judgment ends litigation and subsequent orders are void. Rev. Codes 1905, section 7346; Signor v. Clark, 13 N. D. 36, 99 N. W. 68; Dows v. Meyer, 14 N. Y. 527; Northwestern Tel. Co. v. N. P. Ry. Co., 9 N. D. 339, 83 N. W. 215; Bolton v. Donovan, 9 N. D. 575, 84 N. W. 357; McMahon v. Allen, 12 How. Pr. 45; Sawyer v. Chambers, 11 Ab. Pr. 710. Intervention cannot be made after judgment. Carey v. Brown, 58 Cal. 180; Owens v.…

1Opinion of the CourtFisk, J.

We are asked by these proceedings to issue a writ of certiorari, directed to the judge and clerk of the district court of Cass county, requiring them to certify to this court certain records for review. The apparent object aimed at is to have reviewed certain orders made by the district court in two separate actions in that cour,t. Strictly speaking, two applications should have been made; but we will dispose of the application upon the merits, as the orders which it is sought to have reviewed relate to the same subject-matter. The facts are fully set forth in the petition for the writ, which…

2Cases cited13 opinions

  1. Bolton v. DonavanNorth Dakota Supreme Court · 1900
  2. People's Ice Co. v. SchlenkerSupreme Court of Minnesota · 1892
  3. Weber v. TschetterSouth Dakota Supreme Court · 1890
  4. Sherer v. Superior CourtCalifornia Supreme Court · 1892
  5. Holmes v. CampbellSupreme Court of Minnesota · 1868

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3Cited by8 opinions

  1. Cofman v. OusterhousNorth Dakota Supreme Court · 1918
  2. Strecker v. RailsonNorth Dakota Supreme Court · 1910
  3. Olson v. Ottertail Power Co.North Dakota Supreme Court · 1934
  4. Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1935
  5. State Ex Rel. Ness v. Board of CommissionersNorth Dakota Supreme Court · 1932

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