Hartzell v. Vigen
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Wilbur J. Hartzell against Anders A. Vigen and John Rustad. From a judgment for defendants, plaintiff appeals. The subject of the action is the claim of the plaintiff against the defendant or the contract or controversy out of which such claim arose.
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Appeal from District Court, Cass County; McConnell, J. Action by Wilbur J. Hartzell against Anders A. Vigen and John Rustad. From a judgment for defendants, plaintiff appeals. The subject of the action is the claim of the plaintiff against the defendant or the contract or controversy out of which such claim arose. The phrase “subject of the action” was first used in this connection in the New York Code of 1849. That the phrase is not easily defined is apparent from the cases and authorities which have discussed it. Pomeroys Rem. § § 475, 487, 490, 775-6, 794; Bliss Code PL § § 126, 373, 375;…
1Opinion of the CourtBartholomew, J.
This action is based upon a promissory note executed by the defendant Vigen in favor of the defendant Rustad. The note represented a portion of the purchase price of a certain tract of land in Cass County, and, concurrently with the execution of the note, Rustad executed a contract for the sale of said land to the defendant Vigen. It is alleged in the complaint that Rustad sold and transferred the note to plaintiff, and Rustad was made party defendant, and as to him a decree is asked confirming in plaintiff all Rustad’s rights under the contract of sale, *121which, it is claimed, passed to the…
2Cases cited12 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- McKinney v. . CollinsNew York Court of Appeals · 1882
- Stone v. MyersSupreme Court of Minnesota · 1864
- Iowa State Savings Bank v. JacobsonSouth Dakota Supreme Court · 1896
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3Cited by10 opinions
- Cantor v. SachsCourt of Chancery of Delaware · 1932
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Porter v. DukeArizona Supreme Court · 1928
- Cadwallader v. LehmanSupreme Court of Kansas · 1969
- State ex rel. Bank of Herrick v. Circuit Court of Gregory CountySouth Dakota Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.