Legal Opinion

Territory of Dakota ex rel. Travelers' Ins. v. Judge of the District Court of the Third Judicial District

Supreme Court Of The Territory Of Dakota

Decided May 24, 1888PublishedCited by 7 opinions

Original application for a writ of mandamus.

1Opinion of the CourtMcConNell, J.

This is an application to this court for a-writ of mandamus, made upon the usual notice, wherein it is sought to compel the defendant to take cognizance of a certain action brought in the district court in and for Cass county. The demand for relief by. the plaintiff is for the foreclosure of real property situate in La Moure county, in the Sixth judicial district. The plaintiff applied to the judge of the court below, upon proper proofs of default by the defendant in the action, and of its right to recover, but judgment was denied, pro forma, upon the ground that the foreclosure proceedings…

2Cases cited3 opinions

  1. Gill v. BradleySupreme Court of Minnesota · 1874
  2. O'Neil v. O'NeilCalifornia Supreme Court · 1880
  3. Hill v. McDonaldWisconsin Supreme Court · 1863

3Cited by7 opinions

  1. Olson v. City of Sioux FallsSouth Dakota Supreme Court · 1935
  2. State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
  3. State ex rel. Colcord v. YoungSupreme Court of Florida · 1893
  4. McDonald v. Second National BankSupreme Court of Iowa · 1898
  5. Alderman v. New York Underwriters InsuranceSouth Dakota Supreme Court · 1933

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