De Walt v. Heeren

This is an appeal from the district court of Roster county. The facts are as follorvs: In the fall of 1921, the defendant' hired a team of horses from the plaintiff, using the same for twelve days at the agreed compensation of $2 per day. The defendant paid $5 on this account. Thereafter and on or about September 15, 1922, the defendant was adjudicated a bankrupt in the United States district court for the district of North Dakota and was discharged in bankruptcy prior to the trial of the action.

The action was commenced in justice court by summons issued therein in the ordinary form. The…