Littel v. Phinney
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by Frank E. Littel against Bunton H. Phinney and others. Judgment for defendants, and plaintiff appeals. Plaintiff’s complaint is in the short form to determine adverse claims under § 5904, Rev. Codes. Defendants counterclaimed, alleging title in themselves. The court erred in striking from plaintiff’s reply that portion pleaded as a counterclaim to defendants’ affirmative cause of action.
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Appeal from District Court, Richland County; Lauder, J. Action by Frank E. Littel against Bunton H. Phinney and others. Judgment for defendants, and plaintiff appeals. Plaintiff’s complaint is in the short form to determine adverse claims under § 5904, Rev. Codes. Defendants counterclaimed, alleging title in themselves. The court erred in striking from plaintiff’s reply that portion pleaded as a counterclaim to defendants’ affirmative cause of action. Ejectment at common law has been abolished in most states, and the statutory action to determine adverse claims has been substituted. Holland…
1Opinion of the CourtWallin, C. J.
This-action was tried in the district court without a jury, and judgment was entered in that court in favor of the defendants, dismissing the action, and giving other relief. Plaintiff' appeals to this court from said judgment, and in the statement of the case, which purports to embody all of the evidence offered at the trial, the plaintiff asks f.or a trial anew in this court of the entire case. Nevertheless, it appears upon inspection of the record that the statement of the case fails to embrace all of the evidence offered at the trial, and that a portion of such evidence is omitted from…
2Cases cited3 opinions
- Geils v. FluegelNorth Dakota Supreme Court · 1901
- Kipp v. AngellNorth Dakota Supreme Court · 1901
- United States Savings & Loan Co. v. McLeodNorth Dakota Supreme Court · 1901
3Cited by6 opinions
- Gust v. WilsonNorth Dakota Supreme Court · 1953
- Vidger v. NolinNorth Dakota Supreme Court · 1901
- Stevens v. MeyersNorth Dakota Supreme Court · 1905
- Larson v. DuttonNorth Dakota Supreme Court · 1919
- Clauson v. OlsonNorth Dakota Supreme Court · 1953
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