Pathman v. Williams
North Dakota Supreme Court
Appeals from orders of the District Court of Stark County, Crawford, J., denying applications to vacate judgments. The' manner of bringing a civil action on for trial is prescribed by our Code, and there is no other way, except by stipulation of parties and order of court thereon. Comp.
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Appeals from orders of the District Court of Stark County, Crawford, J., denying applications to vacate judgments. The' manner of bringing a civil action on for trial is prescribed by our Code, and there is no other way, except by stipulation of parties and order of court thereon. Comp. Laws 1913, § 7610; 38 Cyc. 1271, 1275 et seq.; Miner v. Galvanotype Engraving Co. 30 Misc. 200, 61 N. Y. Snpp. 1102. Where no note of issue was filed prior to the term at which case was noticed for trial as by law provided, an order authorizing the filing of a note of issue nunc pro iunc was not sustained.…
1Opinion of the CourtGoss, J.
This is an appeal from an order denying an application to vacate a judgment. The uncontroverted facts are that after issue was joined the defendant served notice of trial for the May, 1913, term of district court, hut did not file the same or a note of issue because plaintiff had neglected to pay the clerk’s fees for filing the cause. Another case had previously been begun by plaintiff against defendant Williams, in which notice of trial was served at the same time for the same term, and not filed for the same reasons. Both actions were begun by one Taeck as plaintiff’s attorney. Upon his…
2Cases cited3 opinions
- Oswald v. MoranNorth Dakota Supreme Court · 1900
- Moody v. LambertSouth Dakota Supreme Court · 1904
- Saunders v. HarrisNorth Dakota Supreme Court · 1912