Freeman v. Wood
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Cowan, J. Action by Louis Freeman and others against W. B. Wood. Judgment for plaintiffs, and defendant appeals. The plaintiff has mistaken his remedy. He should have moved to set aside the judgment or order of which he complains. Section 5298, Rev. Codes. Where a court of law can do as full justice to the parties and to the matter in dispute as can be done in equity, a court of equity will not stay proceedings at law. 3 Pom.
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Appeal from District Court, Grand Forks County; Cowan, J. Action by Louis Freeman and others against W. B. Wood. Judgment for plaintiffs, and defendant appeals. The plaintiff has mistaken his remedy. He should have moved to set aside the judgment or order of which he complains. Section 5298, Rev. Codes. Where a court of law can do as full justice to the parties and to the matter in dispute as can be done in equity, a court of equity will not stay proceedings at law. 3 Pom. Eq. Jur. § 1361; Bateman v. Willozve, 1 S. & R. 201; Headley v. Bell, 84 Ala. 346; Harding v. Hawkins, 141 111. 572, 31…
1Opinion of the CourtWallin, C. J.
In this action defendant has appealed to this court from an order of the district court overruling a demurrer to the complaint. The grounds of the demurrer, among others, are *5that the complaint does not state facts sufficient to constitute a cause of action. The object of the action is to compel the defendant, as assignee, to account for a trust estate, and incidentally to such relief the plaintiffs ask that a certain order or decree of the district court, hereinafter referred to, be annulled, and vacated of record. The controlling facts alleged in the complaint may be briefly stated as…
2Cases cited18 opinions
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Baker v. O'RiordanCalifornia Supreme Court · 1884
- Dobbins v. McNamaraIndiana Supreme Court · 1888
- Heffner v. GunzSupreme Court of Minnesota · 1882
- Stein v. BenedictWisconsin Supreme Court · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hamilton v. HamiltonNorth Dakota Supreme Court · 1987
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Williams v. Fairmount School DistrictNorth Dakota Supreme Court · 1911
- Bruegger v. CartierNorth Dakota Supreme Court · 1910
- Lobe v. BartaschawichNorth Dakota Supreme Court · 1917
16 more not listed; retrieve them via the Exa API.