Legal Opinion

Fargo Silo Co. v. Pioneer Stock Co.

North Dakota Supreme Court

Decided March 25, 1919PublishedCited by 4 opinions

Appeal from the District Court of Cass County, A, T. Cole, J. "Service of demand and answer were complete upon the dropping of the envelop containing them in the United States Postoffice within the statutory time.” Clyde v. Johnston, 4 N. D. 92, 58 N. W. 512; Cedar Rapids N. Bank v. Coffey, 25 N. D. 459, 141 N. W. 997; Comp. • Laws 1913, § 7887; Nind v. Myers, 15 N. D. 400, 109 N. W. 335. Judgment entered before time for answer expired is erroneous and void.

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Appeal from the District Court of Cass County, A, T. Cole, J. "Service of demand and answer were complete upon the dropping of the envelop containing them in the United States Postoffice within the statutory time.” Clyde v. Johnston, 4 N. D. 92, 58 N. W. 512; Cedar Rapids N. Bank v. Coffey, 25 N. D. 459, 141 N. W. 997; Comp. • Laws 1913, § 7887; Nind v. Myers, 15 N. D. 400, 109 N. W. 335. Judgment entered before time for answer expired is erroneous and void. Hogg v. Christensen, 29 N. D. 8, 149 N. W. 562. “The right to demand change of place of trial is an absolute right.” Comp. Laws 1913, §…

1Opinion of the CourtGrace, J.

Appeal from the district court of Cass County, North Dakota, A. T. Cole, Judge.

This action is one to recover upon a promissory note for $193.50. The action was instituted in the district court of Cass county on November 12, 1917, by the service of the summons upon each of the defendants. The defendant Pioneer Stock Company was domiciled at Courtenay, Stutsman county. The defendant Tucker had been a resident of Foster county for thirty-three years. The note in question was signed “Pioneer Stock Company by H. N. Tucker, President.” The complaint was in the ordinary form. The defendants being…

2Cited by4 opinions

  1. Ott v. KelleyNorth Dakota Supreme Court · 1934
  2. Clark v. ClevelandNorth Dakota Supreme Court · 1931
  3. State v. BloomNorth Dakota Supreme Court · 1922
  4. Ruchverg v. RussellNorth Dakota Supreme Court · 1942

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