Carr v. Neva
North Dakota Supreme Court
Appeal from District Court, Stutsman County, Honorable J. A. Coffey, Judge. One tort may be counterclaimed against another tort where the two-arise out of the same transaction. The statute means something more than matters of contract — arising out of the same transaction; it may be a “performance” or an “affair;” it may mean two persons engaged in performing torts against each other. Comp.
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Appeal from District Court, Stutsman County, Honorable J. A. Coffey, Judge. One tort may be counterclaimed against another tort where the two-arise out of the same transaction. The statute means something more than matters of contract — arising out of the same transaction; it may be a “performance” or an “affair;” it may mean two persons engaged in performing torts against each other. Comp. Laws 1913, § YM9; Webster; Advance Thresher Co. v. Klein, 28 S. D. 177, L.K.A.1916C, 514, 133 N. W. 51; Hannahs v. Provine, 28 S. D. 200, 133 -N. W. 53; Pelton v. Powell, 96. Wis. 473, 71 N. W. 887; Eev.…
1DissentGrace, J.
The appeal in this case is in a very complicated condition. There are many irregularities in the same, making it exceedingly difficult for this court to give proper consideration to all the questions presented in the appeal. It would seem that matters coming before the supreme court should be so presented to this court in the proceedings concerning appeals that it would not be necessary for the court to strain statutes relative to appeals in order to reach the consideration of the merits of the questions presented on appeal.
The first matter under consideration is a demurrer to the…
2Cases cited10 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Gutzman v. ClancyWisconsin Supreme Court · 1902
- McArthur v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1874
- Heigel v. WillisNew York Supreme Court · 1889
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