Stacy Fruit Co. v. McClellan
North Dakota Supreme Court
Appeal from an order of tbe District Court for Benson County, Cowan, J. Tbe action was in tbe district court for trial, regardless of wbat bad occurred in justice’s court, because tbe appeal was taken upon questions of botb law and fact, and tbe notice of appeal was a waiver of mistakes in tbe justice’s court. Rev. Codes 1905, § 8509. It was not an appeal upon questions of law alone.
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Appeal from an order of tbe District Court for Benson County, Cowan, J. Tbe action was in tbe district court for trial, regardless of wbat bad occurred in justice’s court, because tbe appeal was taken upon questions of botb law and fact, and tbe notice of appeal was a waiver of mistakes in tbe justice’s court. Rev. Codes 1905, § 8509. It was not an appeal upon questions of law alone. Tbe notice of appeal does not specify tbe errors of law complained of; and on sucb appeal only sucb questions as are specified as error can be reviewed. Rae v. Chicago, M. & St. P. R. Co. 14 N. D. 511, 105 N. W.…
1Opinion of the CourtGoss, J.
This action was begun in justice court to recover a money judgment in an amount within the jurisdiction of that court to determine. Service of summons upon defendant was had, who, on return day, appeared in person and gave the justice $1 -and an affidavit of prejudice and demand for change of venue, as required under §§ 8375 and 8377, Rev. Codes 1905, which the justice received but refused to file, because an additional fee of 10 cents therefor was not paid him. Defendant did not further participate in proceedings in justice court, which court thereafter ignored the attempt at obtaining a…
2Cases cited14 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
- Nolan v. McduffieCalifornia Supreme Court · 1899
- Gulf Pipe Line Co. v. VanderbergSupreme Court of Oklahoma · 1911
- Miner v. FrancisNorth Dakota Supreme Court · 1894
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3Cited by2 opinions
- Phillips v. Snowden Placer Co.Nevada Supreme Court · 1916
- State ex rel. Wilberg v. McNaughtonSupreme Court of Minnesota · 1924