Walker v. Maronda
North Dakota Supreme Court
Appeal from District Court, Barnes county; Burke, J. Action by George Walker against Carl Maronda. Judgment for plaintiff, and defendant appeals. “May,” as used in the statute relating to change of place of trial means “must.” State v. Kent, 4 N. D. 577, 62 N. W. 631, 27 L. R. A. 686. A trial does not begin until issues are joined and witnesses sworn or other testimony taken.
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Appeal from District Court, Barnes county; Burke, J. Action by George Walker against Carl Maronda. Judgment for plaintiff, and defendant appeals. “May,” as used in the statute relating to change of place of trial means “must.” State v. Kent, 4 N. D. 577, 62 N. W. 631, 27 L. R. A. 686. A trial does not begin until issues are joined and witnesses sworn or other testimony taken. State v. Pancoast, 5 N. D. 516, 67 N. W. 1052; Curtis v. Moore, 3 Minn. 29, 3 Gil. 7. No argument or decision of question merely preliminary, or question of pleading except such as end the case is meant by the word…
1Opinion of the CourtEngerud, J.
This action was commenced in justice court. On the return day of the summons the defendant appeared and filed a demurrer to the complaint on the ground that it did not set forth a cause of action. After the justice had overruled the demurrer, the defendant demanded a change of venue to some other justice, pursuant to the provisions of section 6652, Rev. Codes 1899. The motion was supported by a sufficient affidavit, alleging *65as grounds for such change that the justice before whom the action was pending was biased and prejudiced against defendant. The defendant was refused on the ground that…
2Cases cited27 opinions
- Alley v. NottSupreme Court of the United States · 1884
- State v. KentNorth Dakota Supreme Court · 1895
- Goldtree v. SpreckelsCalifornia Supreme Court · 1902
- State v. BeaverstallNorth Dakota Supreme Court · 1903
- State v. WisnewskiNorth Dakota Supreme Court · 1905
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Meenehan v. RosenfieldAppellate Court of Illinois · 1925
- State ex rel. City of Fargo v. MitchellNorth Dakota Supreme Court · 1912
- Baird v. WallumNorth Dakota Supreme Court · 1927
- State v. Pacific Live Stock Co.Oregon Supreme Court · 1919
- State v. WinchesterNorth Dakota Supreme Court · 1909