In re Weber
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Application of Gertrude Weber for a writ of certiorari to C. L. Mayer, justice of the peace in the City of Wahpeton. From the judgment on the return, the Traveler’s Insurance Company appeals.
1Dissent
Bartholomew, C. J.,
(dissenting.) I am unable to concur in all of the foregoing opinion. In my judgment, an attempted appeal that gives the appellate court no jurisdiction of the case is properly dismissed by an order. No judgment of dismissal is necessary or proper, and the order of dismissal is a final appeal-able order. I will state my reasons, and apply them to this case briefly.
The action was forcible entry and detainer, and was brought to determine the rights of the parties to the possession of certain realty. In Justice Court the defendant practically defaulted, but undertook to appeal…
2Cases cited8 opinions
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- In re WeberNorth Dakota Supreme Court · 1894
- Scott v. BurtonTexas Supreme Court · 1851
- Zoller v. McDonaldCalifornia Supreme Court · 1863
- Ross v. EvansSupreme Court of Minnesota · 1883
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