Reichert v. Reichert
North Dakota Supreme Court
Appeal from tbe District Court of Foster County. Action to vacate final decree of county court. From an order of tbe district court affirming tbe order of tbe county court tbe defendant appeals. An order or decree of distribution made by a county court is of equal rank with judgments entered by courts of record. Comp.
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Appeal from tbe District Court of Foster County. Action to vacate final decree of county court. From an order of tbe district court affirming tbe order of tbe county court tbe defendant appeals. An order or decree of distribution made by a county court is of equal rank with judgments entered by courts of record. Comp. Laws 1913, § 88.37; Sjoli v. Hogenson, 19 N. D. 82, 122 N. W. 1008. -A decree allowing final account is conclusive except where right of appeal is allowed or relief in other court permitted, or where persons against whom decree is made are under legal disability. Re Nelson, 26…
1Opinion of the CourtBronson, J.
This proceeding was brought in county court of Foster county to vacate a final decree rendered in a guardianship estate.
On August 11, 1911, a final decree was entered in the matter of the guardianship of Boy Beiehert, the respondent herein, and others, minors, the appellant, O. W. Beiehert, being the guardian. On March 31, 1916, a petition was filed in said court in behalf of respondent to vacate such final decree upon grounds of fraud, deception, and misrepresentation.
On April 21, 1916, pursuant to a hearing held, the county court vacated such decree, from which order, the guardian, the…
2Cases cited14 opinions
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- Finn v. WalshNorth Dakota Supreme Court · 1909
- Stenson v. H. S. Halvorson Co.North Dakota Supreme Court · 1914
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Moore v. PalmerNorth Dakota Supreme Court · 1919
- Manikowske Ex Rel. Bladow v. ManikowskeNorth Dakota Supreme Court · 1965
- Northwestern Trust Co. v. GetzNorth Dakota Supreme Court · 1936
- Anderson v. WellsNorth Dakota Supreme Court · 1948
- Trott v. StateNorth Dakota Supreme Court · 1919
9 more not listed; retrieve them via the Exa API.