Cornelius v. City of Fargo

GRIMSON, Justice.

This is an action brought to vacate certain annexation proceedings by the defendant, City of Fargo, as invalid and void, and asking for an order enjoining the defendant from proceeding further under said annexation proceedings. The district court found for the defendant and dismissed the action. Plaintiffs appeal.

This was an action properly triable to the court. There was no demand for a trial de novo. Under Section 28-2732, NDRC 1943, a party desiring to appeal from a judgment in any case tried to the court shall specify in the settled statement of the case “the questions of…