Chamberlain-Wallace Co. v. Akers
North Dakota Supreme Court
Appeal from the District Court of Eansom County, Allen, J. There was no complaint in this case. The complaint in justice court must be sufficient to advise one sued of the nature of the claim, and definite enough to bar another action. McCrary v. Good, 14 Mo. App. 425; Kev. Codes 1905, § 8883. Consent of parties 'cannot create jurisdiction in the court over a siobject-matter not vested in the jurisdiction of the court by the law.
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Appeal from the District Court of Eansom County, Allen, J. There was no complaint in this case. The complaint in justice court must be sufficient to advise one sued of the nature of the claim, and definite enough to bar another action. McCrary v. Good, 14 Mo. App. 425; Kev. Codes 1905, § 8883. Consent of parties 'cannot create jurisdiction in the court over a siobject-matter not vested in the jurisdiction of the court by the law. Aneta Mercantile Co. v. Groseth, 20 N. D. 137, 127 N. W. 718; Hilliard v. Loeb, •— S. H. —, 140 N. W. 703; Moore v. Jordan, 67 Tex. 394, 3 S. W. 317. The demurrer is…
1Opinion of the CourtBueKB, J.
This action originated in justice court by the filing of a summons in which was contained plaintiff’s complaint, as follows:
You are hereby summoned and required to appear before me at my office in the city of Enderlin, county of Ransom, state of North Dakota, on the 4th day of May, 1912, at the hour of 9 o’clock on the forenoon of said day, then and there to answer to the complaint of the above- . named plaintiff, who claims and alleges to recover of you the sum of $33.91 with interest thereon at the rate of 7 per cent per anmrm from and since the 6th day of December, a. d. 1911; said amount…
2Cases cited5 opinions
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
- Hanson v. GronlieNorth Dakota Supreme Court · 1908
- Sinkling v. Illinois Central Railway Co.South Dakota Supreme Court · 1898
- Berry v. BingamanSouth Dakota Supreme Court · 1891
- Jerome v. RustSouth Dakota Supreme Court · 1905
3Cited by1 opinion
- Peterson v. BertilsonNorth Dakota Supreme Court · 1916