John Miller Co. v. Minckler
North Dakota Supreme Court
An appeal from the District Court of Benson County, Burr, Special Judge. The showing of defendants on their application for a dismissal was absolute against tbe plaintiff, and they were entitled to a formal order dismissing the case as a matter of right. Code, 1913, § 7598; Lambert v. Brown, 22 N. D. 107, 132 N. W. 781. The order of the district court refusing to dismiss the action is not appealable.
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An appeal from the District Court of Benson County, Burr, Special Judge. The showing of defendants on their application for a dismissal was absolute against tbe plaintiff, and they were entitled to a formal order dismissing the case as a matter of right. Code, 1913, § 7598; Lambert v. Brown, 22 N. D. 107, 132 N. W. 781. The order of the district court refusing to dismiss the action is not appealable. Strecker v. Railson, 19 N. D. 677, 125 N. W. 560. Notice of appeal may be served by mail. Gooler v. Eidsness, 18 N. D. 338, 121 N. W. 83. The service was complete from the time the paper was…
1Opinion of the CourtGoss, J.
While this action is against several, the real defendant is J. A. Minckler. He had given warranty deeds in May, 1905, to his co-defendant, Willard, and procured Delameter and wife to deed property owned by Minckler to Willard. These were deeds of trust for plaintiff’s benefits as security for a balance of grain sale transactions. Willard accepted said trust. Personal judgment is asked against Minckler, *364with foreclosure of said deeds as mortgages. Minckler admits by answer that the deeds were given at a time when an accounting was due between plaintiff and himself for over 200 car loads of…
2Cases cited6 opinions
- In re EatonNorth Dakota Supreme Court · 1898
- Persons v. SimonsNorth Dakota Supreme Court · 1890
- Strecker v. RailsonNorth Dakota Supreme Court · 1910
- Olson v. MattisonNorth Dakota Supreme Court · 1907
- Lambert v. BrownNorth Dakota Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1924
- Ostlund v. EcklundNorth Dakota Supreme Court · 1919
- Nord v. KoppangNorth Dakota Supreme Court · 1964
- Union Brokerage Co. v. JensenNorth Dakota Supreme Court · 1945
2 more not listed; retrieve them via the Exa API.