Gessner v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, Bottineau county; Goss, J. Action by Fred Gessner and another against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. From a judgment in favor of defendant, plaintiffs appeal. The statutory provision that the submission must be acknowledged in the same manner as a conveyance of real property is' mandatory, and failure to observe it is fatal, and deprives the court of jurisdiction to affirm the award.
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Appeal from District Court, Bottineau county; Goss, J. Action by Fred Gessner and another against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. From a judgment in favor of defendant, plaintiffs appeal. The statutory provision that the submission must be acknowledged in the same manner as a conveyance of real property is' mandatory, and failure to observe it is fatal, and deprives the court of jurisdiction to affirm the award. Berkland v. Johnson, 70 N. W. 388; Fink a. Fink, 8 Iowa, 313; Moody v. Nelson, 60 Ill. 229; Abbott v. Dexter, 6 Cushing, 108; Barney v. Flower, 7 N. W.…
1Opinion of the CourtYoung, J.
The plaintiffs have appealed from a judgment entered upon defendant’s motion upon an alleged statutory award of arbitrators. The matter in controversy is the amount of damages the plaintiff will sustain by reason of the construction by the defendant railway company of its road across the plaintiffs’ land. The proceedings which resulted in the judgment were had under chapter 39 of the Code of Civil Procedure, being sections 769-2 to 7712, inclusive, Rev. Codes 1905. Section 7692 authorizes all persons capable of contracting to submit to the decision of arbitrators any -controversy which might…
2Cases cited12 opinions
- McGunn. v. HanlinMichigan Supreme Court · 1874
- Holdridge v. StowellSupreme Court of Minnesota · 1888
- Fink v. FinkSupreme Court of Iowa · 1859
- Barney v. FlowerSupreme Court of Minnesota · 1881
- Burkland v. JohnsonNebraska Supreme Court · 1897
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3Cited by4 opinions
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- Bank of Commerce v. Kelpine Products Corp. of AmericaWashington Supreme Court · 1932
- Koht v. TowneSupreme Court of Iowa · 1926