McCarty v. Kepreta
North Dakota Supreme Court
(a) That this affidavit, taken with all the affidavits filed for such purpose, should not be held to constitute the judicial admission of the defendant of an absence of merit in his appeal.
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(a) That this affidavit, taken with all the affidavits filed for such purpose, should not be held to constitute the judicial admission of the defendant of an absence of merit in his appeal. (b) In determining the effect to he given to an affidavit so filed by a party, its contents should be taken in connection with the other affidavits and the nature of the proceedings and purposes for which the same was filed; and when filed as here, after judgment and pending an appeal, to work a dismissal of the appeal, there should be no doubt of the intent of the party filing the same to adopt the…
1Opinion of the CourtGoss, J.
Plaintiff brings replevin alleging a special property interest by virtue of a chattel mortgage upon personal property. The debt secured by the mortgage is evidenced by a negotiable promissory note dated November 12, 1908, executed and delivered by defendant as maker to the Farmers & Merchants State Bank of Knox, and due October 1, 1909, bearing interest at 12 per cent, and indorsed, sold, and transferred for full value before maturity to plaintiff.
Defendant for answer admits the execution and delivery of the note by defendant to the bank, “but alleges that the same was given without any…
2Cases cited38 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Martin v. WebbSupreme Court of the United States · 1884
- Solomon v. . BatesSupreme Court of North Carolina · 1896
- Prestwood v. WatsonSupreme Court of Alabama · 1895
- United Society of Shakers v. UnderwoodCourt of Appeals of Kentucky · 1873
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3Cited by25 opinions
- Duncan v. CarsonSupreme Court of Virginia · 1920
- Minnesota Loan & Trust Co. v. Peteler Car Co.Supreme Court of Minnesota · 1916
- Enterprise Foundry & MacHine Works v. Miners' Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Pitman v. WalkerCalifornia Supreme Court · 1922
- Dodo v. StockerSupreme Court of Colorado · 1923
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