Hagler v. Kelly
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J.- Action by William C. Hagler against Fannie E. Kelly and William A. Marin. Judgment for plaintiff and defendants appeal. In this state, when order for the entry of a judgment is given, it is the duty of the clerk; under section 5095, to enter judgment in the judgment book and then place a copy of said judgment in the roll. In re Weber, 4 N. D. 119, 59 N. W. 523. A judgment cannot be entered without ah order of the court.
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Appeal from District Court, Nelson county; Fisk, J.- Action by William C. Hagler against Fannie E. Kelly and William A. Marin. Judgment for plaintiff and defendants appeal. In this state, when order for the entry of a judgment is given, it is the duty of the clerk; under section 5095, to enter judgment in the judgment book and then place a copy of said judgment in the roll. In re Weber, 4 N. D. 119, 59 N. W. 523. A judgment cannot be entered without ah order of the court. In re Weber, supra; Gould v. Duluth & D. Elevator Co., 54 N. W. 316. There is a difference between an order for a judgment…
1Opinion of the CourtEngerud, J.
Plaintiff, claiming to :be the owner in fee of the quarter section of land in controversy, situated in Nelson county, brought this action to quiet title. The complaint is in the statutory form provided by chapter 5, p. 9, Laws 1901. The defendant Fanny E. Kelly answered, alleging title in fee by virtue of a deed from Charles W. Tanner..' The defendant William A. Marin, in his answer, claims to have' a lien upon the land as assignee of a judgment rendered and docketed against Tanner in favor of Walter A. Wood Mowing & Reaping Machine Company. There was a trial by fhe court without a jury, and…
2Cases cited15 opinions
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
- McInerny v. ReedSupreme Court of Iowa · 1867
- Smith v. KellyOregon Supreme Court · 1893
- Hinchman v. MorrisWest Virginia Supreme Court · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Oakman v. City of EvelethSupreme Court of Minnesota · 1925
- Woodland v. WoodlandNorth Dakota Supreme Court · 1966
- Crane v. First National Bank of McHenryNorth Dakota Supreme Court · 1913
- Movius v. PropperNorth Dakota Supreme Court · 1912
- Hanson v. FranklinNorth Dakota Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.