Legal Opinion

First National Bank v. Merchants National Bank

North Dakota Supreme Court

Decided October 28, 1895PublishedCited by 9 opinions

Appeal from District Court, Ramsey County; Morgan, J. Action by the First National Bank of Devils Lake, N. D., against the Merchants’ National Bank of Devils Lake, N. D., and others. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtWallin, C. J.

This was an action in the nature of replevin to recover the possession of certain wheat. It was tried to a jury, *162but after all the testimony had been put in, and after both sides had rested the case, it was agreed in open court that the jury might be discharged, and the case be submitted to the court for final determination; whereupon the jury was discharged, and the court made and filed its findings of fact and conclusions of law, and directed that judgment be entered in favor of the plaintiff, and judgment was entered accordingly. The only exception taken to such findings is in the…

2Cases cited1 opinion

  1. Hostetter v. Brooks Elevator Co.North Dakota Supreme Court · 1894

3Cited by9 opinions

  1. Nichols & Shepard Co. v. StanglerNorth Dakota Supreme Court · 1897
  2. Doran v. DazeyNorth Dakota Supreme Court · 1895
  3. Peckham v. Van BergenNorth Dakota Supreme Court · 1899
  4. Barnum v. Gorham Land Co.North Dakota Supreme Court · 1904
  5. Erickson v. KellyNorth Dakota Supreme Court · 1899

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