Keeney v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass -county; Pollock, J. Action by Lottie E. Keeney and Patrick Devitt against the- city of Fargo. Judgment for plaintiffs, and defendant appeals. The action of the city attorney in disclaiming all interest in the land, the title to which it was sought to quiet, was beyond his au-. thority. This authority is no greater than of any other attorney with reference to his client’s business in a civil action. People v. Mayor, 11 A'bb.
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Appeal from District Court, Cass -county; Pollock, J. Action by Lottie E. Keeney and Patrick Devitt against the- city of Fargo. Judgment for plaintiffs, and defendant appeals. The action of the city attorney in disclaiming all interest in the land, the title to which it was sought to quiet, was beyond his au-. thority. This authority is no greater than of any other attorney with reference to his client’s business in a civil action. People v. Mayor, 11 A'bb. Pr. 66; Bush v. O’Brien, 164 N. Y. 205, 58 N. E. 106; Stone v. Bank of Commerce, 174 U. S. 413. His general power extends to the conduct…
1Opinion of the CourtMorgan, C. J.
This is an appeal from an order of the district court of Cass county denying an application -to set aside a judgment and refusing leave to answer in the action. The action was commenced by a personal service of a summons and complaint on September 12, 1899. An amended complaint was served and filed on January 25, 1900. The -cause of action stated in- the amended complaint is that -the plaintiffs are the owners of the lots therein described, and that the city of Fargo- claims some interest therein adversely to the plaintiffs. The relief demanded is that the defendant be adjudged to have no…
2Cases cited4 opinions
- Wheeler v. CastorNorth Dakota Supreme Court · 1903
- Nichells v. NichellsNorth Dakota Supreme Court · 1895
- City of Fargo v. KeeneyNorth Dakota Supreme Court · 1903
- Smith v. WilsonWisconsin Supreme Court · 1894
3Cited by7 opinions
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Bonniwell v. FlandersNorth Dakota Supreme Court · 1953
- Cline v. DuffyNorth Dakota Supreme Court · 1910
- Erickson v. Carlberg Co.South Dakota Supreme Court · 1929
- Keeney v. City of FargoNorth Dakota Supreme Court · 1905
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