William Deering & Co. v. Venne
North Dakota Supreme Court
Appeal from District Court, Pembina County; Sauter, J. Action by William Deering & Co., against Joseph B. Venne, Judgment for plaintiff in the Justice Court was reversed on appeal to the District Court, and judgment entered for defendant. Plaintiff appeals. An appearance for any other purpose than to question the jurisdiction of the court is general and gives the court jurisdiction of the person. Section 6635, Revised Codes; St. Louis Car Co. v. Stillwater Street Ry.
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Appeal from District Court, Pembina County; Sauter, J. Action by William Deering & Co., against Joseph B. Venne, Judgment for plaintiff in the Justice Court was reversed on appeal to the District Court, and judgment entered for defendant. Plaintiff appeals. An appearance for any other purpose than to question the jurisdiction of the court is general and gives the court jurisdiction of the person. Section 6635, Revised Codes; St. Louis Car Co. v. Stillwater Street Ry. Co., 54 N. W. Rep. 1064. Any step which invokes the action of a justice in his official capacity by either .party, is an…
1Opinion of the CourtWallin, J.
This action originated in a Justice’s Court. A summons issued on the nth day of February, 1896, returnable on the 15th day of the same month, and was delivered toa constable for service. It was returned without being served upon the defendant, with an indorsement thereon to the effect that the defendant was absent from said county. On the return day the justice issued a second summons for publication, under the authority conferred by section 6443 of the Revised Codes. On the return day named in the second summons certain proceedings were had in the action the nature of which are best…
2Cases cited7 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Mahany v. KephartWest Virginia Supreme Court · 1879
- Bucklin v. StricklerNebraska Supreme Court · 1891
- St. Louis Car Co. v. Stillwater Street Ry. Co.Supreme Court of Minnesota · 1893
- Waldron v. PalmerMichigan Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- Gulf Pipe Line Co. v. VanderbergSupreme Court of Oklahoma · 1911
- City of Enderlin v. Pontiac TownshipNorth Dakota Supreme Court · 1932
- Vidger v. NolinNorth Dakota Supreme Court · 1901
- Dallas v. LusterNorth Dakota Supreme Court · 1914
6 more not listed; retrieve them via the Exa API.