Legal Opinion

Whitmore v. Behm

North Dakota Supreme Court

Decided October 26, 1911PublishedCited by 3 opinions

Appeal from District Court, Ward county;-E. B. Goss, J. Action by Charles Wbitmore against Nick M. Bebm. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtFisk, J.

This litigation originated in justice’s court, where plaintiff recovered judgment by default. Concededly the proceedings before the justice were regular in all respects, with the exception that the copy of the summons served on the defendant designated the return day as “the 15th day of January, a. d. 1906,” instead of the 15th day of January, 1907, which was the return day designated in the original summons. The record discloses that the summons was served by delivering-a copy thereof, as aforesaid, on January 5, 1907. On the return day designated in the original summons, the defendant made…

2Cases cited7 opinions

  1. Hayden v. Bank of SyracuseNew York Supreme Court · 1891
  2. Bradbury v. Van NostrandNew York Supreme Court · 1865
  3. Hanson v. GronlieNorth Dakota Supreme Court · 1908
  4. Mayerson v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
  5. Lenham Mercantile Co. v. HerkeNew York Supreme Court · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Bryan v. MillerNorth Dakota Supreme Court · 1944
  2. Foster v. TalbotMichigan Supreme Court · 1932
  3. Thomas Manufacturing Co. v. ErlandsonNorth Dakota Supreme Court · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API