Wilson v. Atlantic Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Barnes county; Glaspell, J. Action by Harrison Wilson against the Atlantic Elevator Company. Judgment for defendant before a justice, and on appeal by plaintiff the appeal was dismissed, and he again appeals.
1Opinion of the Court
Cochrane, I.
Plaintiff’s action originated in justice’s court. A judgment was rendered dismissing the action, and for costs against the plaintiff. Within proper time, plaintiff served on defendant’s attorney a notice and undertaking on appeal from the judgment of tlie justice. Service of the same was admitted in writing by defendant’s attorney, and thereafter, on the same day, the notice and undertaking, with proof of service thereof, were filed with the clerk *403of the district court of Barnes county, to which the appeal was taken. The undertaking was approved by the clerk, and the indorsement…
2Cases cited2 opinions
- Eldridge v. KnightNorth Dakota Supreme Court · 1903
- Jones v. Great Northern Railway Co.North Dakota Supreme Court · 1903
3Cited by3 opinions
- National Bank of Commerce v. PickNorth Dakota Supreme Court · 1904
- Walker v. MarondaNorth Dakota Supreme Court · 1906
- Jones v. Great Northern Railway Co.North Dakota Supreme Court · 1903