Donovan v. Dickson
North Dakota Supreme Court
Appeal from tbe District Court of Cavalier County, C. M. Cooley, X A judgment or decree is res judicata pending an appeal. No proceedings under a judgment or decree shall be stayed unless supersedeas bond is filed, and no appeal or stay shall vacate or affect such judgment or order. Watson v. Bichardson, 110 Iowa, 698, 80 Am. St. Bep. 331, 80 N. W. 416, and cases cited.
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Appeal from tbe District Court of Cavalier County, C. M. Cooley, X A judgment or decree is res judicata pending an appeal. No proceedings under a judgment or decree shall be stayed unless supersedeas bond is filed, and no appeal or stay shall vacate or affect such judgment or order. Watson v. Bichardson, 110 Iowa, 698, 80 Am. St. Bep. 331, 80 N. W. 416, and cases cited. The debtor upon whom rests the ultimate obligation to discharge the debt cannot by his payment acquire any right of subrogation. A purchaser cannot be subrogated to the benefit of an encumbrance which he has agreed to pay.…
1Opinion of the CourtGrace, J.
Appeal from the district court of Cavalier county, Honorable Charles M. Cooley, judge of the first judicial district of North Dakota, acting by written request of Judge Kneeshaw, judge of the seventh judicial district.
The action is one to have certain mortgages, mechanics’ liens, and taxes which were at a prior time valid and subsisting liens against the southeast quarter of section 8, township 161, range 60, Cavalier county, North Dakota, and which were paid by the plaintiff in this action, declared and adjudged to be liens upon such premises; and the complaint in such action is really one…
2Cases cited24 opinions
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Jones v. NewhallMassachusetts Supreme Judicial Court · 1874
- Bausman v. KelleySupreme Court of Minnesota · 1888
- Wynn v. GarlandSupreme Court of Arkansas · 1857
- Timmerman v. StanleySupreme Court of Georgia · 1905
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schaff v. KennellyNorth Dakota Supreme Court · 1953
- Volk v. VolkNorth Dakota Supreme Court · 1963
- Barker v. NessNorth Dakota Supreme Court · 1998
- Lincoln National Life Insurance v. KellyNorth Dakota Supreme Court · 1945
- Skinner v. ScholesNorth Dakota Supreme Court · 1930
3 more not listed; retrieve them via the Exa API.