McDonough v. Russell-Miller Milling Co.
North Dakota Supreme Court
From a judgment of the district court of Burleigh County, Nuessle, Special Judge, plaintiff appeals. After a judgment has been rendered in an action and while such judgment remains in full force and effect, a court does not possess the power to dismiss the action.
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From a judgment of the district court of Burleigh County, Nuessle, Special Judge, plaintiff appeals. After a judgment has been rendered in an action and while such judgment remains in full force and effect, a court does not possess the power to dismiss the action. Todd v. Todd, 7 S. D. 174, 63 N. W. 777; Barnett v. Will (N. D.) 166 N. W. 511. “The theory of the law is that the infliction of past damages will cause the abatement of a temporary nuisance; if it does not successive actions .may be maintained.” B. Co. v. Pattison, 67 111. App. 351; 11 Dec. Dig. (Judgment) § 606; Bowers v. Boom Co.…
1Per curiam
This action was commenced by the plaintiff in January, 1919, to recover damages for the alleged pollution by the defendant of the waters in Heart river. The case was tried to a jury, and resulted in a general verdict in favor of the plaintiff in tbe sum of $9,852.98. Judgment was entered pursuant to the verdict. Defendant moved for judgment notwithstanding the verdict or for a new trial. The trial court ordered judgment in favor of the defendant notwithstanding the verdict. Judgment was so entered, and the plaintiff appealed.
This litigation, or rather another phase thereof, was before this…
2Cases cited3 opinions
- Memphis Street Railway Co. v. HaynesTennessee Supreme Court · 1904
- McDonough v. Russell-Miller Milling Co.North Dakota Supreme Court · 1917
- Dorrance v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1920
3Cited by30 opinions
- Storley v. Armour & Co.Court of Appeals for the Eighth Circuit · 1939
- Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1923
- Permann v. Knife River Coal Mining Co.North Dakota Supreme Court · 1970
- Devereaux Mortgage Co. v. WalkerIdaho Supreme Court · 1928
- Fargo Loan Agency v. LarsonNorth Dakota Supreme Court · 1926
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