Bergh v. John Wyman Farm Land & Loan Co.
North Dakota Supreme Court
Appeal from the County Court of Cass County, Hanson, J. Action for damages for breach, of a contract of employment occasioned by wrongful discharge. Judgment for plaintiff. Defendant appeals.
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Appeal from the County Court of Cass County, Hanson, J. Action for damages for breach, of a contract of employment occasioned by wrongful discharge. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an appeal from a judgment of the county court of Cass county, North Dakota, having increased jurisdiction, and rendered in an action brought by the respondent to recover damages for the breach of a contract of employment to act as foreman in charge of one of appellant’s farms, which contract was alleged to have been made about May the 20th, 1911, and presumed to…
1Opinion of the CourtBruce, J.
(after stating the facts as above). It is conceded that the plaintiff was a nonresident. The statute in relation to the filing of security for costs is mandatory in form. It provides that “in cases in which the plaintiff is a nonresident of the state or a foreign corporation, the plaintiff must, before commencing such action, furnish a sufficient surety for costs,” etc. See § 5597, Rev. Codes 1899, §§ 7196 and 7197, Rov. Codes 1905, and §§ 7812, 7813, Compiled Laws of 1913. The motion for the dismissal for the failure to furnish such security was, it is true, not made until the trial, but the…
2Cases cited3 opinions
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Cranmer v. DinsmoreNorth Dakota Supreme Court · 1906
- Stewart v. DwyerNorth Dakota Supreme Court · 1911
3Cited by9 opinions
- Andersen v. ReslerNorth Dakota Supreme Court · 1929
- Merchants National Bank v. CollardNorth Dakota Supreme Court · 1916
- Kiesel v. District Court of Sixth Judicial Dist. Ex Rel. Sevier CountyUtah Supreme Court · 1938
- Quinn Wire & Iron Works v. BoydNorth Dakota Supreme Court · 1924
- Raich v. WeismanSouth Dakota Supreme Court · 1930
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