Legal Opinion

McClure v. Hunnewell

North Dakota Supreme Court

Decided March 9, 1904PublishedCited by 6 opinions

Appeal from District Court, Ward county; Palda, J. Action by Alice M. McClure against John J. Hunnewell. Judgment for plaintiff and defendant appeals. The plaintiff had adequate remedy at law; the action itself was an action at law, only a money judgment being asked. No injunction lies. Stone ,v- Snell, 94 N. W. 525; Ganow v. Denney, 94 N. W. 959; Forman v. Healey, 11 N. D. 563, 93 N. W. 866.

1Opinion of the CourtCochrane, J.

The parties hereto are rival claimants to a quarter section of public land. The complaint alleges that plaintiff was in possession of the land described under the homestead laws of the United States and that the defendant unlawfully entered upon the land and dug a ditch or tunnel thereon, to plaintiff’s damage in the sum of $200, and prays for a money judgment of $200 and costs. An order to show cause was obtained upon affidavit and, after hearing, an injunction pendente lite was issued, restraining “the defendant and each of his servants, employees, agents and each and every person acting…

2Cases cited1 opinion

  1. Forman v. HealeyNorth Dakota Supreme Court · 1903

3Cited by6 opinions

  1. King v. County of StarkNorth Dakota Supreme Court · 1936
  2. Gunsch v. GunschNorth Dakota Supreme Court · 1954
  3. Burton v. WalkerNorth Dakota Supreme Court · 1904
  4. Timmins v. RussellNorth Dakota Supreme Court · 1904
  5. Gunsch v. GunschNorth Dakota Supreme Court · 1954

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