Fosston Manufacturing Co. v. Lemke
North Dakota Supreme Court
Appeal from order of District Court, Ramsey County, Buttz, J., denying judgment non obstante, or a new trial. The court can take judicial notice of the records of the cases, when the cases at bar are founded upon them, when called on to do so. Dan-forth v. Egan (S. D.) 119 N. W. 1021; Butler v. Eaton, 141 U. S. 240; Avocato v. Dell’ Ara (Tex.) 84 S. W. 444; People v. Ackerman, 140 111. App. 301; Bank v. Reed (111.) 122 Am.
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Appeal from order of District Court, Ramsey County, Buttz, J., denying judgment non obstante, or a new trial. The court can take judicial notice of the records of the cases, when the cases at bar are founded upon them, when called on to do so. Dan-forth v. Egan (S. D.) 119 N. W. 1021; Butler v. Eaton, 141 U. S. 240; Avocato v. Dell’ Ara (Tex.) 84 S. W. 444; People v. Ackerman, 140 111. App. 301; Bank v. Reed (111.) 122 Am. St. Rep. 66; Jones, Ev. p. 243. “The pleadings in the case, or certified copies, are the best evidence of their contents.” 10 Ene. Ev. pp. 816, 819; 17 Cyc. 500; Amund-son…
1Opinion of the CourtBronson, J.
This is an action to recover on a certain trust agree-' ment made between the parties as the result of a former action. In the trial court the jury returned a verdict for the plaintiff. The defendant has appealed from an order denying judgment non obstante or for a new trial.
In December, 1913, the plaintiff herein recovered a judgment against Fred Lemke in an action upon a promissory note against Ered *345Lemke, B. W. Lemke, and this defendant herein as copartners. The action was dismissed as to B. W: Lemke and this defendant.
As a result of that action, the trust agreement, involved herein, was…
2Cases cited2 opinions
- Felton v. Midland Continental RailroadNorth Dakota Supreme Court · 1915
- Flamer v. JohnsonNorth Dakota Supreme Court · 1917
3Cited by2 opinions
- Shong v. Farmers' & Merchants' State Bank, Inc.North Dakota Supreme Court · 1955
- In Re Will Contest in the Estate of SoderlandSupreme Court of Iowa · 1947