Burger v. Sinclair
North Dakota Supreme Court
Motion by appellant to advance the canse upon the calendar of this court. Statement by Bbuce, J. We have before us for consideration a motion to advance three cases upon the calendar of this court, all of which, though brought by separate plaintiffs, involve practically the same issues.
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Motion by appellant to advance the canse upon the calendar of this court. Statement by Bbuce, J. We have before us for consideration a motion to advance three cases upon the calendar of this court, all of which, though brought by separate plaintiffs, involve practically the same issues. The motion is made upon the somewhat novel, but at the same time reasonable, ground that the appellant (the defendant in the court below) is in danger of having his property sold under execution when, as a matter of fact, he is not only abundantly able to pay the judgment against him if affirmed by this court,…
1Opinion of the CourtBruce, J.
(after stating the facts as above). We must remember that the real controversy in this case is not a controversy between the respective counsel, but between their clients, and that the province of this court is not to act as umpire in a fair fight between such counsel, but to see that justice is ultimately done to the litigating parties, and *319that the administration of the law itself may be reasonable and without just subject for criticism. In the former motions (Burger v. Sinclair, post, 326, 140 N. W. 235) we held that, under the express wording of the statute, we had no jurisdiction or…
2Cases cited10 opinions
- Kasson v. Estate of BrockerWisconsin Supreme Court · 1879
- Anderson v. County of MeekerSupreme Court of Minnesota · 1891
- Riley v. MitchellSupreme Court of Minnesota · 1887
- Burger v. SinclairNorth Dakota Supreme Court · 1912
- Schill v. ReisdorfIllinois Supreme Court · 1878
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3Cited by3 opinions
- Wilson v. KrygerNorth Dakota Supreme Court · 1913
- Bothwell v. KeeferIdaho Supreme Court · 1933
- Hawkins v. SinclairNorth Dakota Supreme Court · 1913