Beiseker v. Svendsgaard
North Dakota Supreme Court
•Appeal from the District Court of Wells County, Coffey, J. ' Action to enjoin the foreclosure of a mortgage by advertisement. Order denying injunction. Defendant appeals. Statement by Bruce, J. This is an appeal from- an order denying an application for an injunction to restrain the foreclosure of a mortgage by advertisement.
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•Appeal from the District Court of Wells County, Coffey, J. ' Action to enjoin the foreclosure of a mortgage by advertisement. Order denying injunction. Defendant appeals. Statement by Bruce, J. This is an appeal from- an order denying an application for an injunction to restrain the foreclosure of a mortgage by advertisement. The facts as disclosed by the affidavit filed with the application for the injunction are that on or about the 24th day of April, 1909, the defendant applied to the Farmers Trust Company, of which T. L. Beiseker is the president, for a loan of five thousand dollars…
1Opinion of the Court
Bruce, J7
(after stating the facts as above). Counsel for appellant is hardly in a position to complain because of the action of the trial court in making an order to show cause and in receiving the affidavit of E. A. Palmeter in resistance to said application. We believe that it was the intention of the legislature that an injunction shall be granted if a defense is set forth in the petition, and that the matters in controversy and the truth of the defense shall be settled and determined *370upon the trial of an action to foreclose, rather than upon affidavits on an order to show cause. In the…
2Cases cited15 opinions
- Jones v. Guaranty & Indemnity Co.Supreme Court of the United States · 1880
- McCann v. Mortgage, Bank & Investment Co.North Dakota Supreme Court · 1893
- Tracy v. ScottNorth Dakota Supreme Court · 1904
- Blair v. CarpenterMichigan Supreme Court · 1889
- Harwood v. TomsSupreme Court of Missouri · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1954
- Folmer v. StateNorth Dakota Supreme Court · 1984
- Lindsay v. Teamsters Union, Local No. 74North Dakota Supreme Court · 1959
- State ex rel. Holloway v. First American Bank & Trust Co.North Dakota Supreme Court · 1971
- Clark v. HendersonNorth Dakota Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.