Field v. Great Western Elevator Co.
North Dakota Supreme Court
Appeal from Ransom County Court; Allen, J.' Action by William H. Field and Clarence B. Wisner against the Great Western Elevator Company. Judgment for defendant and plaintiff’s appeal.
1Opinion of the CourtCorliss, C. J.
The motion to dismiss this appeal must be granted. The case was originally tried in the county court of Ransom county. The plaintiff in the action having been defeated *425in that court, he had before him, under the statute, either of two courses to pursue: he could appeal to the District Court, or he co.uld appeal to the Supreme Court. Rev. Codes, § 6591. But both of these remedies were not open to him. They are inconsistent. It is one of the very elements of the law that, when á suitor reaches the parting of the ways in the pursuit of inconsistent remedies, he must elect which road he will…
2Cases cited6 opinions
- Indiana Mutual Fire Insurance v. RoutledgeIndiana Supreme Court · 1855
- Field v. Great Western Elevator Co.North Dakota Supreme Court · 1896
- Traders Insurance v. CarpenterIndiana Supreme Court · 1882
- Harvey v. FinkIndiana Supreme Court · 1887
- Nichols & Shepard Co. v. First National BankNorth Dakota Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Roads Commission v. SmithCourt of Appeals of Maryland · 1961
- Sheppard v. Jacksboro Refining Co.Court of Appeals of Texas · 1938
- Donahue v. NoltimierNorth Dakota Supreme Court · 1932
- Nichols & Shepard Co. v. First National BankNorth Dakota Supreme Court · 1897
- Plateau Oil Co. v. Choate Oil CorporationCourt of Appeals of Texas · 1921
1 more not listed; retrieve them via the Exa API.