Bismarck Water Supply Co. v. County of Burleigh
North Dakota Supreme Court
Appeal from the District Court of Burleigh County, Hon. W. L. Nuessle, Judge. This action is in the nature of an action to.determine adverse claims to real property. But the complaint, instead of requiring defendant to “set forth all its adverse claims to the property, and that the validity, superiority, and priority thereof be determined,” contains allegations as for an action in “accord and satisfaction.” Comp, Laws, 1913, Code Civ. Proc. chap. 31, Comp.
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Appeal from the District Court of Burleigh County, Hon. W. L. Nuessle, Judge. This action is in the nature of an action to.determine adverse claims to real property. But the complaint, instead of requiring defendant to “set forth all its adverse claims to the property, and that the validity, superiority, and priority thereof be determined,” contains allegations as for an action in “accord and satisfaction.” Comp, Laws, 1913, Code Civ. Proc. chap. 31, Comp. Laws, 1913, art. 6, chap. 54. There is a misjoinder of causes and the demands for relief are wholly and manifestly inconsistent. Golden…
1Opinion of the CourtPobinson, J.
This is an appeal from a judgment of the district court of Burleigh County on an order overruling a demurrer to a complaint in an action to cancel a void tax. The complaint shows that in the years 1901 to 1905, inclusive, the plaintiff was the owner of a system of waterworks and that there was connected with the water mains of plaintiff a line of water mains extending to the state penitentiary, and another line, which belonged exclusively to the state and was used to supply water in the penitentiary and the capitol. That in said years the defendant caused the valuation of said 3 miles of…
2Cited by2 opinions
- Dakota Corp. v. Slope CountyCourt of Appeals for the Eighth Circuit · 1935
- State ex rel. Farmers State Bank v. WallaceNorth Dakota Supreme Court · 1922