Legal Opinion

Woods v. Walsh

North Dakota Supreme Court

Decided April 22, 1898PublishedCited by 21 opinions

Appeal from District Court, Grand Forks County; Templeton, J. Action by James M. Woods against George H. Walsh and Laura M. Walsh to foreclose a mortgage. From a judgment dismissing the action, plaintiff appeals. Champerty and maintenance are not recognized under the New York practice from which our code and practice are taken.

Read the full summary

Appeal from District Court, Grand Forks County; Templeton, J. Action by James M. Woods against George H. Walsh and Laura M. Walsh to foreclose a mortgage. From a judgment dismissing the action, plaintiff appeals. Champerty and maintenance are not recognized under the New York practice from which our code and practice are taken. Sedgwick v. Stanton, 14 N. Y. 280; Voorhees v. Dorr, 51 Barb. 580; Fowler v. Callan, 102 N. Y. 395, 7 N. E. Rep. 169; Rev. Codes, § § 7001, 7009. Neither in California or other states. Mathewson v. Fitch, 22 Cal. 94; Hoffman v. Vallejo, 45 Cal. 564; Reece v. Kyle, 49…

1Opinion of the CourtWallin, J.

This action was brought to forelose a mortgage upon real estate, which mortgage was made and delivered by the defendants, George H. Walsh and his wife, to secure the payment of certain promissory notes executed and delivered by said defendants to one E. P. Gates, and afterwards sold, indorsed, and assigned to the plaintiff, together with said mortgage. The action has met with more than the usual number of vicissitudes. It was commenced in 1885, John M. Cochrane, Esq., then being plaintiff’s attorney. On November 11, 1893, a paper signed by *379John M. Cochrane was filed with the Clerk of the…

2Cases cited10 opinions

  1. Burnes v. ScottSupreme Court of the United States · 1886
  2. Sedgwick v. . StantonNew York Court of Appeals · 1856
  3. Barker v. BarkerWisconsin Supreme Court · 1860
  4. Dahms v. SearsOregon Supreme Court · 1885
  5. Small v. C., R. I. & P. R.Supreme Court of Iowa · 1881

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Prosky v. ClarkNevada Supreme Court · 1910
  2. Starke v. WannemacherNorth Dakota Supreme Court · 1916
  3. Schaff v. RichardsonSupreme Court of Oklahoma · 1926
  4. Robinson v. St. Maries Lumber Co.Idaho Supreme Court · 1920
  5. Isherwood v. H. L. Jenkins Lumber Co.Supreme Court of Minnesota · 1902

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API