Wegner v. Lubenow
North Dakota Supreme Court
Appeal from District Court, Richland County; W. S. Lauder, J. Action by Carl Wegner against David Lubenow and others. Judgment for plaintiff, and defendants appeal. The testimony did not bring the plaintiff within the provisions, of section 5007, so as to entitle him to treble damages, as there was no forcible ejection under the testimony.
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Appeal from District Court, Richland County; W. S. Lauder, J. Action by Carl Wegner against David Lubenow and others. Judgment for plaintiff, and defendants appeal. The testimony did not bring the plaintiff within the provisions, of section 5007, so as to entitle him to treble damages, as there was no forcible ejection under the testimony. Plaintiff testified that no force whatever was used; and that upon mere assertion of Sunderhauf, that plaintiff had no right to stay and would have to move, he voluntarily left the premises, Sunderhauf in no manner interfering-with his person or property.…
1Opinion of the CourtYoung, C. J.
Plaintiff commenced this action in the district court of Richland county to recover possession of twenty acres of agricultural land situated in that county, and for treble damages for the use of the same while it was witheld by the defendants. The trial was to a jury. A verdict was returned in favor of the plaintiff upon all the issues, and for $400 damages. Defendant moved for a new trial, his motion was overruled, and judgment was entered upon the verdict. This appeal is from the judgment.
The plaintiff bases his right to the possession of the premises in question upon a written contract or…
2Cases cited13 opinions
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Hart v. HartNew York Supreme Court · 1856
- Clark v. . BarnesNew York Court of Appeals · 1879
- Stephens v. . ReynoldsNew York Court of Appeals · 1852
- Robertson v. HayesSupreme Court of Alabama · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Anderson v. BlixtNorth Dakota Supreme Court · 1955
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Trauger v. Helm Bros., Inc.North Dakota Supreme Court · 1979
- Livinggood v. BalsdonNorth Dakota Supreme Court · 2006
12 more not listed; retrieve them via the Exa API.