Tee v. Noble
North Dakota Supreme Court
Appeal by defendant from a judgment of the District Court for Bottineau County, F. F: Fisk, I., in plaintiff’s favor in an action to foreclose a mortgage. Tbis is an action to foreclose a mortgage on certain land in Bottineau county.
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Appeal by defendant from a judgment of the District Court for Bottineau County, F. F: Fisk, I., in plaintiff’s favor in an action to foreclose a mortgage. Tbis is an action to foreclose a mortgage on certain land in Bottineau county. In the original complaint an attempt was made to include with the mortgage debt the indebtedness due upon a certain tax certificate, which had been purchased by the mortgagee, and a decree of foreclosure was asked which should include both the amount due upon the mortgage and the amount due upon the tax certificate. The certificate was the same to cancel which…
1Opinion of the CourtBruce, J.
(after stating the case as above). The appellant is, no doubt, correct in his contention that after the filing of an answer containing a cross-bill or counterclaim, the plaintiff has no right to amend his complaint so as to escape taking issue thereon, provided such cross-bill or counterclaim is properly pleaded. It would be, perhaps, more correct to say that he can amend his complaint if he chooses, but that he cannot escape the issues presented by the counterclaim. We are of the opinion, however, that in this case a counterclaim was not properly pleaded. There was a prayer for the…
2Cases cited3 opinions
- State Finance Co. v. BeckNorth Dakota Supreme Court · 1906
- Powers v. First National BankNorth Dakota Supreme Court · 1906
- Noble v. McIntoshNorth Dakota Supreme Court · 1912
3Cited by6 opinions
- Denton v. DetweilerIdaho Supreme Court · 1929
- Hackney v. ElliottNorth Dakota Supreme Court · 1912
- Zeman v. MikolasekNorth Dakota Supreme Court · 1947
- Farmers Security Bank of Park River v. MartinNorth Dakota Supreme Court · 1915
- Burns v. SpenceSouth Dakota Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.