Savold v. Baldwin
North Dakota Supreme Court
From the judgment entered on the order of dismissal of the District Court of Benson County, Gowcm, J., plaintiff appeals. • Defendant’s special appearance ripened into a general appearance when he made and filed his answer to the complaint. Bev. Codes 1905, § 8358; Benoit v. Bevoir, 8 N. D. 226, 77 N. W. 605; Jennings v. "West, 40 Kan. 372, 19 Pac. 864; St. Louis & S. F. B. Co. v. Sullivan, 7 Kan.
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From the judgment entered on the order of dismissal of the District Court of Benson County, Gowcm, J., plaintiff appeals. • Defendant’s special appearance ripened into a general appearance when he made and filed his answer to the complaint. Bev. Codes 1905, § 8358; Benoit v. Bevoir, 8 N. D. 226, 77 N. W. 605; Jennings v. "West, 40 Kan. 372, 19 Pac. 864; St. Louis & S. F. B. Co. v. Sullivan, 7 Kan. App. 527, 48 Pac. 945; Winter v. Union Packing Co. 51 Or. 97, 93 Pac. 930; 3 Cyc. 504. The appeal being taken on the whole case, and upon all questions of law and fact, the question of jurisdiction…
1Opinion of the CourtGoss, J.
This is an action in forcible entry and detainer begun in justice court, wherein judgment was rendered in plaintiff’s favor and from which an appeal on both law and fact was taken to the district court, where on motion of the defendant, appellant, the action was dismissed on an objection to the jurisdiction made, and overruled in the justice court. The objection raised anew and sustained in the district court as determinative of the issue was “that no notice to quit had ever been served on the defendant and filed with the justice of the peace and returned the same as a summons in a civil…
2Cited by2 opinions
- Ryan v. BremsethNorth Dakota Supreme Court · 1922
- Nystul v. WallerNorth Dakota Supreme Court · 1957