Great Northern Express Co. v. Gulbro
North Dakota Supreme Court
From a judgment of the District Court of Nelson County, Cooley, J., plaintiff appeals. “Tbe provisions of the Code of Civil Procedure shall govern the proceedings in justices’ courts as far as applicable, provided by this Code.” Comp.
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From a judgment of the District Court of Nelson County, Cooley, J., plaintiff appeals. “Tbe provisions of the Code of Civil Procedure shall govern the proceedings in justices’ courts as far as applicable, provided by this Code.” Comp. Laws 1913, §§ 7840, 9009, 9163 and 9165. The Justice’s Code makes no provision for remedy in case a defective notice or undertaking is served and filed, and therefore we have to look to the Code of Civil Procedure for the remedy for such defect. ■Comp. Laws 1913, § 7840; Morgridge v. Stoeffer, 14 N. D. 430, 104 N. W. 1112; Hilbish v. Asada, 19 N. D. 684, 125 N.…
1Opinion of the CourtChristianson, J.
From the record transmitted to this court it appears that on the 14th day of May, 1917, this action came on for trial before J. C. Lewis, a justice of the peace in Nelson county, in this state, and resulted in a judgment in favor of the defendant. The plaintiff appealed from such judgment upon questions of law and fact, and demanded a new trial in the district court. The notice of appeal and undertaking on appeal was served upon defendant’s attorneys on May 18, 1917, and together with proof of service thereof, were filed in the office of the clerk of the district court on May 22, 1917. The…
2Cases cited10 opinions
- Richardson v. CampbellNorth Dakota Supreme Court · 1899
- Towle v. BradleySouth Dakota Supreme Court · 1892
- Brown v. MelloonSupreme Court of Iowa · 1915
- Chase v. Omaha Loan & Trust Co.Nebraska Supreme Court · 1898
- Deardoff v. ThorstensenNorth Dakota Supreme Court · 1907
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3Cited by3 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- Production Credit Ass'n v. HalversonNorth Dakota Supreme Court · 1986
- Golden Valley County v. CurtinNorth Dakota Supreme Court · 1925