Donovan v. Jordan
North Dakota Supreme Court
From orders denying dismissal, defendant appeals. An appeal from District Court for Cavalier County, Allen, Special J. The defendant’s motion to dismiss the action should have been granted, as a matter of right. The statute is mandatory. Rev. Codes 1905, § 6999; Lambert v. Brown, 22 N. D. 107, 132 N. W. 781. The court erred in allowing plaintiff’s motion to amend his complaint. The mere order allowing an amendment is of no effect until it is complied with.
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From orders denying dismissal, defendant appeals. An appeal from District Court for Cavalier County, Allen, Special J. The defendant’s motion to dismiss the action should have been granted, as a matter of right. The statute is mandatory. Rev. Codes 1905, § 6999; Lambert v. Brown, 22 N. D. 107, 132 N. W. 781. The court erred in allowing plaintiff’s motion to amend his complaint. The mere order allowing an amendment is of no effect until it is complied with. Satterlund v. Beal, 12 N. D. 122, 95 N. W. 519. In cases involving the judicial discretion vested in trial courts, their action will, not…
1Opinion of the CourtGoss, J.
The record facts decisive of all three of the above-entitled actions are practically identical ' Judgment in each has been awarded against defendant after denial of a motion to dismiss made and based upon the provisions of § 6999, Eev. Codes 1905, providing for the dismissal where the action is not brought to trial or to final determination within five years from its commencement. Plaintiff has brought three actions against defendant upon three different causes of action, with complaints verified respectively September 21, 1901, October 9, 1901, and October 4, 1902, all of which were…
2Cases cited10 opinions
- Barry v. TrauxNorth Dakota Supreme Court · 1904
- Gunn v. LauderNorth Dakota Supreme Court · 1901
- Lambert v. BrownNorth Dakota Supreme Court · 1911
- Silverman v. BaruthAppellate Division of the Supreme Court of the State of New York · 1899
- Wilensky v. Philadelphia Casualty Co.Appellate Terms of the Supreme Court of New York · 1911
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3Cited by4 opinions
- John Miller Co. v. MincklerNorth Dakota Supreme Court · 1915
- Unemployment Compensation Division of the Employment Security Bureau v. BjornsrudNorth Dakota Supreme Court · 1977
- McGurren v. Noyes Bros. & CutlerNorth Dakota Supreme Court · 1934
- Burke v. Minnekota Elevator Co.North Dakota Supreme Court · 1922