Moore v. Booker
North Dakota Supreme Court
Appeal from District Court, Pembina County; Templeton, J. Action by Louisiana E. Moore against Lewis E. Booker, George W. Ryan, and others to foreclose mortgages. Plaintiff had judgment, and defendants Booker and Ryan appeal. The court erred in denying defendants motion to suppress depositions — the notice not specifying the place or office at which the depositions were to be taken. Lucas v. Richardson, io Pac.
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Appeal from District Court, Pembina County; Templeton, J. Action by Louisiana E. Moore against Lewis E. Booker, George W. Ryan, and others to foreclose mortgages. Plaintiff had judgment, and defendants Booker and Ryan appeal. The court erred in denying defendants motion to suppress depositions — the notice not specifying the place or office at which the depositions were to be taken. Lucas v. Richardson, io Pac. Rep. 183; Williams v. Chadbourne, 6 Cal. 559. It does not appear by the certificate of the notary or elsewhere that the notary taking the depositions was not a relative of either…
1Opinion of the CourtBartholomew, C. J.
This was an action brought to foreclose *547two real estate mortgages upon the same property, and the prayer asked for a personal judgment for deficiency. Louisiana E. Moore, the respondent was the original mortgagee. ■ The defendant Barbara J. Webb, who is the daughter of respondent, was the mortgagor, and the appellants, Booker and Ryan, were charged as subsequent grantees of Webb. It was against them that the personal judgment was asked. They resisted on the ground that they never assumed the payment of the mortgages. The trial court found the issues against them. All the evidence for…
2Cases cited13 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Schley v. . FryerNew York Court of Appeals · 1885
- Johnson v. Harder & AverySupreme Court of Iowa · 1877
- Bowman v. EppingerNorth Dakota Supreme Court · 1890
- Gregg v. . Mallett.Supreme Court of North Carolina · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- White v. SchaderCalifornia Supreme Court · 1921
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Ordway v. DowneyWashington Supreme Court · 1898
22 more not listed; retrieve them via the Exa API.