Pratt v. Pratt
North Dakota Supreme Court
Appeal from tbe County Court of Cass County, Hamon, J. Action to recover for money loaned. Judgment for plaintiff. Defendant appeals. ■ Statement of facts by Bruce, J. This action was commenced by the service of summons and complaint and garnishee summons.
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Appeal from tbe County Court of Cass County, Hamon, J. Action to recover for money loaned. Judgment for plaintiff. Defendant appeals. ■ Statement of facts by Bruce, J. This action was commenced by the service of summons and complaint and garnishee summons. The complaint set up a cause of action for money loaned and goods, wares, and merchandise furnished by the plaintiff to the defendant on the 5th day of February, 1891, and the 8th day of July, 1892. A general denial was interposed and a plea of the bar of the statute of limitations. The garnishee appeared and disclosed a liability in the…
1Opinion of the CourtBeuce, J.
(after stating the facts as above). There are practically five specifications of errors of law and a specification that the facts are insufficient to sustain the verdict and judgment. These specifications may be reduced to one, and that is that the court erred in its ruling that the statute of limitations did not bar the plaintiff’s cause of action, and the additional proposition that the court erred, at any rate, in not submitting to the jury the question as to whether such action was barred or not.
The last item charged was in July, 1892, and it is perfectly clear that the North Dakota…
2Cases cited17 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Allen v. AllenCalifornia Supreme Court · 1892
- Paine v. DoddsNorth Dakota Supreme Court · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bormann v. BeckmanNorth Dakota Supreme Court · 1945
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- Douglas County State Bank v. SutherlandNorth Dakota Supreme Court · 1925