Johnson v. Erickson
North Dakota Supreme Court
Appeal from District Court, Richland county; Allen, J. Action by Henning Johnson against Erick Erickson and others. Judgment for defendants, and plaintiff appeals. The justice had jurisdiction of the case. He could issue the summons, receive, file and determine the validity of the pleading, try .and determine the issues, or certify the case to the district court thus having jurisdiction; he conveyed it to the district court.
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Appeal from District Court, Richland county; Allen, J. Action by Henning Johnson against Erick Erickson and others. Judgment for defendants, and plaintiff appeals. The justice had jurisdiction of the case. He could issue the summons, receive, file and determine the validity of the pleading, try .and determine the issues, or certify the case to the district court thus having jurisdiction; he conveyed it to the district court. Having jurisdiction, the justice erred in dismissing, and the judgment of dismissal was a proper subject of appeal. Rev. Codes 1899, section 677’1; Simmons v. C, B. & Q.…
1Opinion of the CourtYoung, J.
This action was brought in justice oourt to recover damages to real property. The defendants answered jointly, and alleged that the acts complained of were done in constructing and improving a public highway, and that the place where they were done was a regularly established highway. Both the complaint and answer were verified. A trial was had, and both parties introduced evidence, from which (lie justice found “as a matter of fact that the land in question * * * is on the section line and is a regularly laid out highway, * * *” and entered judgment dismissing the action and awarding costs…
2Cases cited7 opinions
- City of Santa Barbara v. EldredCalifornia Supreme Court · 1892
- Wagstaff v. ChallissSupreme Court of Kansas · 1884
- Vidger v. NolinNorth Dakota Supreme Court · 1901
- Hart v. Carnall-Hopkins Co.California Supreme Court · 1894
- Douglass v. EasterSupreme Court of Kansas · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. First State Bank of JudNorth Dakota Supreme Court · 1924
- E. J. Lander & Co. v. DeemyNorth Dakota Supreme Court · 1920
- Phillips v. Snowden Placer Co.Nevada Supreme Court · 1916
- Tracy Cement Tile Co. v. City of TracySupreme Court of Minnesota · 1919
- Raich v. WeismanSouth Dakota Supreme Court · 1930
2 more not listed; retrieve them via the Exa API.