Whitney v. Ritz
North Dakota Supreme Court
Appeal from an order of tbe District Court for Morton County; Nuchols, J. Heal property is sucb as has the characteristics of permanency of location. Tiedeman, Neal Prop. § 1. Things of a vegetable nature growing in the soil are deemed a part of the realty. Tripp v. Haseeig, 20 Mich. 254, 4 Am. Hep. 388. The measure of damages for destruction of growing grass is the difference between the value of the land for the purpose for which it was used, before and after the fire.
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Appeal from an order of tbe District Court for Morton County; Nuchols, J. Heal property is sucb as has the characteristics of permanency of location. Tiedeman, Neal Prop. § 1. Things of a vegetable nature growing in the soil are deemed a part of the realty. Tripp v. Haseeig, 20 Mich. 254, 4 Am. Hep. 388. The measure of damages for destruction of growing grass is the difference between the value of the land for the purpose for which it was used, before and after the fire. Texas & P. H. Co. v. Land, 3 Tex. App. Civ. Cas. (Willson) 74; Missouri, K. & T. H. Co. v. Goode, 7 Tex. Civ. App. 245, 26…
1Opinion of the Court
Spalding, Ch. J.
Plaintiff and respondent brought this action in justice court in Morton county. Defendant appeared, and on trial judgment was rendered in favor of the plaintiff. Prom this judgment an appeal was taken on the 14th day of November, 1910, to the district court of Morton county, and a trial de novo demanded. Subsequently, appellant submitted a motion in the district court to reverse and set aside the judgment entered in the justice court, upon the ground that the damages involved in the action were for injury to real property, and that the justice had no jurisdiction because no…
2Cases cited9 opinions
- Bolton v. DonavanNorth Dakota Supreme Court · 1900
- Northern Pacific Railway Co. v. BarlowNorth Dakota Supreme Court · 1910
- Myrick v. McCabeNorth Dakota Supreme Court · 1896
- McMahon v. DavidsonSupreme Court of Minnesota · 1867
- Strecker v. RailsonNorth Dakota Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ellingson v. Northwestern Jobbers Credit BureauNorth Dakota Supreme Court · 1929
- Schaff v. KennellyNorth Dakota Supreme Court · 1955
- Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1924
- State Ex Rel. Hjelle v. BakkeNorth Dakota Supreme Court · 1962
- Ostlund v. EcklundNorth Dakota Supreme Court · 1919
17 more not listed; retrieve them via the Exa API.