Lobe v. Bartaschawich
North Dakota Supreme Court
Appeal from tbe District Court of Ward County, K. E. Leighton, J. Judgment for defendant. Plaintiff appeals. The judgment in this case was a judgment of the county court, a court of co-ordinate and concurrent jurisdiction of the subject-matter. It is still the judgment of that court, even though transcribed to the district court. Comp. Laws 1913, §§ 8930, 8943. The district court was without jurisdiction of the subject-matter, to try this case or to vacate the judgment.
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Appeal from tbe District Court of Ward County, K. E. Leighton, J. Judgment for defendant. Plaintiff appeals. The judgment in this case was a judgment of the county court, a court of co-ordinate and concurrent jurisdiction of the subject-matter. It is still the judgment of that court, even though transcribed to the district court. Comp. Laws 1913, §§ 8930, 8943. The district court was without jurisdiction of the subject-matter, to try this case or to vacate the judgment. The district court, on motion, ■can vacate only its own judgments. It may grant relief by equitable action, but it cannot…
1Opinion of the CourtBirdzell, J.
This is an appeal from an order entered in the district court of Ward county, vacating a default judgment entered against the defendants in the county court of Ward county, and subsequently transcripted to the district court. The order appealed from is as follows:
Order Opening Default and Allowing Answer.
It appearing to the court that the above-named plaintiff heretofore brought an action against the above-named defendants in the county court of Ward county, North Dakota, and obtained judgment in said action by default on May 22, 1915, and thereafter filed a transcript of *574said judgment in tbe…
2Cases cited7 opinions
- Freeman v. WoodNorth Dakota Supreme Court · 1901
- Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. StutsmanNorth Dakota Supreme Court · 1915
- Phelps v. McCollamNorth Dakota Supreme Court · 1901
- Groves v. RichmondSupreme Court of Iowa · 1881
- Van Woert v. New York Life InsuranceNorth Dakota Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- Schillerstrom v. SchillerstromNorth Dakota Supreme Court · 1948
- La Duke v. MelinNorth Dakota Supreme Court · 1920
- Langer v. StateNorth Dakota Supreme Court · 1947
- Trott v. StateNorth Dakota Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.