Legal Opinion

Wood v. Nissen

North Dakota Supreme Court

Decided June 6, 1891PublishedCited by 4 opinions

PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. Action to recover real property held in trust. Judgment for plaintiff. On appeal motion entered to strike from transcript the evidence. • The orders entered after the appeal was perfected were without jurisdiction and void. Oomp. Laws North Dakota, § 5283. The appeal being from the judgment must be heard on the judgment roll alone. Comp.

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PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. Action to recover real property held in trust. Judgment for plaintiff. On appeal motion entered to strike from transcript the evidence. • The orders entered after the appeal was perfected were without jurisdiction and void. Oomp. Laws North Dakota, § 5283. The appeal being from the judgment must be heard on the judgment roll alone. Comp. Laws North Dakota, § 5217. The court cannot add to or take from the judgment roll. Hahn v. Kelly, 34 Cal. 391; Sharp v. Daugney, 33 Cal. 505. Neither the “transcript of the evidence,”…

1Opinion of the Court

The opinion of the court was delivered by

Wallin, J.

In this action, after a trial by the court, a judgment was entered in favor of the plaintiff and against the defendant. The judgment was entered December 16, 1887. An appeal was perfected December 12, 1889. After the appeal was perfected, and on December 18 and 19, 1889, the district court made the following orders:

“On the 18th day of December, 1889, Wm. B. McConnell, judge of the district court, third judicial district, in and for the county of Cass and state of North Dakota, being the judge before whom was tried the above entitled action,…

2Cases cited1 opinion

  1. Harper v. MinorCalifornia Supreme Court · 1864

3Cited by4 opinions

  1. Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
  2. Brynjolfson v. Township of ThingvallaNorth Dakota Supreme Court · 1898
  3. Goose River Bank v. GilmoreNorth Dakota Supreme Court · 1893
  4. State v. MyersNorth Dakota Supreme Court · 1945

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