Northern Pacific Railway Co. v. Jurgenson
North Dakota Supreme Court
Appeal from an order and judgment of the District Court for Rich-land County; Allen, J. An order to show cause does not need to run in the name of the state of North Dakota. Such order is not a writ or process. State v. Kerr, 3 N. D. 523, 58 N. W. 27; State v. Thompson, 4 S. D. 95, 55 N. W. 725; Moore v. Kedewa, 13 Neb. 379, 14 N. W. 170; McPherson v. First Nat.
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Appeal from an order and judgment of the District Court for Rich-land County; Allen, J. An order to show cause does not need to run in the name of the state of North Dakota. Such order is not a writ or process. State v. Kerr, 3 N. D. 523, 58 N. W. 27; State v. Thompson, 4 S. D. 95, 55 N. W. 725; Moore v. Kedewa, 13 Neb. 379, 14 N. W. 170; McPherson v. First Nat. Bank, 12 Neb. 202, 10 N. W. 707; Rev. Codes 1905, sec. 7825. The order issued in this case is not a mandamus, but merely an order to show cause why one should not issue. The practice substantially complies with the statute. People ex…
1Opinion of the Court
Spalding, Oh. J.
This appeal is from a judgment of the district •court of Richland county, awarding plaintiff costs on a motion for an ■order to show cause and from the court’s order sustaining plaintiff’s pbjeetions made and filed with the court on the return of such order to show cause. It appears that a purported judgment was obtained by the defendant Genaro in a police magistrate’s court in Richland ■county against the plaintiff herein, on default; that on the 8th day of November, 1911, Honorable Frank P. Allen, judge of the district court of Richland county, granted plaintiff herein an…
2Cases cited12 opinions
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Bailey v. WilliamsOregon Supreme Court · 1876
- Comet Consolidated Min. Co. v. FrostSupreme Court of Colorado · 1890
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3Cited by3 opinions
- State Ex Rel. Williamson v. LongmireSupreme Court of Oklahoma · 1955
- Olsness v. StateNorth Dakota Supreme Court · 1929
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