Smith v. Kunert
North Dakota Supreme Court
Appeal from District Court, Foster county; Burke, J. Action by James Smith against Paul Kunert. Judgment for plaintiff,j and defendant appeals. The right of trial by jury means the right as at common law, unless modified by custom, usage or statute. Barry v. Truax, 13 N. D, 131, 99 N. W. 769. Law authorizing reference, without consent of party, whether a long, account is to be taken or not, is unconstitutional.
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Appeal from District Court, Foster county; Burke, J. Action by James Smith against Paul Kunert. Judgment for plaintiff,j and defendant appeals. The right of trial by jury means the right as at common law, unless modified by custom, usage or statute. Barry v. Truax, 13 N. D, 131, 99 N. W. 769. Law authorizing reference, without consent of party, whether a long, account is to be taken or not, is unconstitutional. Grim v. Norris, 19 Cal. 140; Benham v. Rowe, 2 Cal. 261; McMartin v. Bingham, 27 Iowa 234; Blair Town Lot Co.- v. Walker, 50 la. 376; Burt v. Harrfah, 22 N. W. 910; Whallon v.…
1Opinion of the CourtFisk, J.
This appeal.is from a judgment of the district court of Foster county, and comes to this court for review of 'alleged errors of law. A so-called' statement of case was settled, embracing 34 specifications of error, and appellant’s counsel have assigned 30 of such alleged errors in their printed brief upon which they rely for a reversal of the judgment. The practice pursued by appellant’s counsel in the preparation of the statement of the case discloses a most flagrant violation of the statute and rules of this court governing the same. The case was tried before a referee, and the statement of…
2Cases cited18 opinions
- Barry v. TrauxNorth Dakota Supreme Court · 1904
- Salem Traction Co. v. AnsonOregon Supreme Court · 1902
- Township of Noble v. AasenNorth Dakota Supreme Court · 1901
- County Board of Supervisors v. DunningWisconsin Supreme Court · 1866
- La Coursier v. RussellWisconsin Supreme Court · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Odden v. O'KEEFENorth Dakota Supreme Court · 1990
- Landers v. GoetzNorth Dakota Supreme Court · 1978
- Power v. WilliamsNorth Dakota Supreme Court · 1925
- State v. NortonNorth Dakota Supreme Court · 1934
- Schutt v. Federal Land BankNorth Dakota Supreme Court · 1942
11 more not listed; retrieve them via the Exa API.