Missouri Slope Land & Investment Co. v. Hastead
North Dakota Supreme Court
Appeal from District Court, Billings County, 8. L. Nuchols, Special Judge. From an order refusing to proceed with the trial, defendant appeals. The transfer of a county to a new judicial district does not oust the judge of the old district from jurisdiction to settle a statement of the case or grant a new trial in a case originally tried before him.
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Appeal from District Court, Billings County, 8. L. Nuchols, Special Judge. From an order refusing to proceed with the trial, defendant appeals. The transfer of a county to a new judicial district does not oust the judge of the old district from jurisdiction to settle a statement of the case or grant a new trial in a case originally tried before him. Bruegger v. Cartier, 20 N. D. 72, 126 N. W. 491; Et vide Darelius v. Davis, 74 Minn. 345, 77 N. W. 214; McCord v. Knowlton, 76 Minn. 391, 79 N. W. 397; Eev. Codes 1905, § 6766. The statement of the case should be settled by the judge before whom…
1Opinion of the CourtFisk, J.
This is an appeal from an order made by Judge S. L. Nuchols on April 12, 1912, -while acting as special judge of the tenth judicial district, declining and refusing defendant’s demand for a trial of the action. The order reads as follows:
“It is hereby ordered that the motion of the defendant and his demand for a trial be, and they hereby are, overruled and denied upon the sole and only ground that the action is not pending for trial, but that the issues involved therein have been merged in a final judgment, which judgment remains unvacated and unreversed, and the order of his Honor, Judge…
2Cases cited7 opinions
- King v. HansonNorth Dakota Supreme Court · 1904
- Henrichsen v. SmithOregon Supreme Court · 1896
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Williams v. Fairmount School DistrictNorth Dakota Supreme Court · 1911
- Bruegger v. CartierNorth Dakota Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Olson v. DonnellyNorth Dakota Supreme Court · 1940
- Halstead v. Missouri Slope Land & Investment Co.North Dakota Supreme Court · 1921