Riebold v. Hartzell
North Dakota Supreme Court
Appeal by plaintiff from an order of the District Court for Dickey County, Allen, L, denying his motion for vacation of a judgment in favor of defendant Hartzell in an action brought to quiet title to certain land. The appellant was not in fault, as S. G. Cady had ceased to be his attorney on the entering of judgment. 4 Cyc. 940; Berthold v. Fox, 21 Minn. 51; Smith v. Cunningham, 59 Kan. 552, 53 Pac. 760; Treasurers v. M’Dowell, 1 Hill, L. 184, 26 Am.
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Appeal by plaintiff from an order of the District Court for Dickey County, Allen, L, denying his motion for vacation of a judgment in favor of defendant Hartzell in an action brought to quiet title to certain land. The appellant was not in fault, as S. G. Cady had ceased to be his attorney on the entering of judgment. 4 Cyc. 940; Berthold v. Fox, 21 Minn. 51; Smith v. Cunningham, 59 Kan. 552, 53 Pac. 760; Treasurers v. M’Dowell, 1 Hill, L. 184, 26 Am. Dec. 166; Bathgate v. Haskin, 59 N. Y. 533; Sturgiss v. Dart, 23 Wash. 244, 62 Pac. 858; Freeman, Judgm. § 103; 1 Am. & Eng. Enc. Law, 953.…
1Opinion of the Court
Goss, -J.
This appeal is from an order of the district court denying plaintiff’s application to vacate a judgment against him entered in favor of defendant, Hartzell. The application made and its review on this appeal is based on the following record :
In the early part of 1906 plaintiff employed one, S. G. Cady, then a practising attorney at law resident at Oakes, North Dakota, to institute an action against defendant, Hartzell, and one Day, to quiet title to land described as the southeast quarter of section 2, township 130 N. of range 59 W. in Dickey county. Plaintiff was then, and at all…
2Cases cited12 opinions
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Gibson v. NelsonSupreme Court of Minnesota · 1910
- Beach v. BeachSupreme Court Of The Territory Of Dakota · 1889
- Morgan v. RobertsIllinois Supreme Court · 1865
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
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3Cited by4 opinions
- Rolfstad, Winkjer, Suess, McKennett & Kaiser, P.C. v. HansonNorth Dakota Supreme Court · 1974
- King v. MenzNorth Dakota Supreme Court · 1956
- Coghlan v. United StatesCourt of Appeals for the Eighth Circuit · 1945
- Moe v. ZitekNorth Dakota Supreme Court · 1947