Dreveskracht v. First State Bank
North Dakota Supreme Court
Appeal from District Court, McHenry county; Goss, J. Action by E. F. Dreveskracht against the First State Bank of Balfour. Judgment for plaintiff, and defendant appeals. The account to be refered must be between the parties to the action; not between one and a third person. Keller v. Payne, 4 N. Y. S. 227; Continental Ins. Co. v. Phoenix Ins.
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Appeal from District Court, McHenry county; Goss, J. Action by E. F. Dreveskracht against the First State Bank of Balfour. Judgment for plaintiff, and defendant appeals. The account to be refered must be between the parties to the action; not between one and a third person. Keller v. Payne, 4 N. Y. S. 227; Continental Ins. Co. v. Phoenix Ins. Co., 8 N. Y. S. 524; Betcher v. Grant Co., 68 N. W. 163; Ewart et al. v. Koss, 95 N. W. 913; Kelly v. Olcsall, 95 N. W. 915; Williams v. Benton, 24 Cal. 425; Grim v. Norris, 19 Cal. 140; Clarkson v. Hoyt, 36 Pac. 382; Silmser v. Redfield, 19 Wend. 21;…
1Opinion of the CourtFisk, J.
This is an appeal from an order of reference of all the issues arising on two causes of action in the complaint and two counterclaims contained in the answer; appellant assigning error in substance as follows: (1) That it was error to refer all the issues; (2) that there was no showing that an accounting between the parties was necessary, or that the action was a proper one for reference under section 7047, Rev. Codes 1905; (3) that section 7047 contravenes section 7 of the constitution, which guarantees trial by jury; and (4) that, conceding such statute to be constitutional, it merely…
2Cases cited14 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- Cassidy v. . McFarlandNew York Court of Appeals · 1893
- Thayer v. . McNaughtonNew York Court of Appeals · 1889
- Smith v. KunertNorth Dakota Supreme Court · 1908
- Andrus v. Home Insurance Co. of New YorkWisconsin Supreme Court · 1889
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