DeLaney v. Western Stock Co.
North Dakota Supreme Court
Appeal from District Court, McIntosh county; Allen, J. Action by B. C. DeLaney and others against the Western Stock Company. Judgment for plaintiffs, and defendant appeals. When pleading shows right to both legal and equitable. relief, and there is a failure to establish the latter, action should not be dismissed but issues tried by jury. Pomeroy Rem.
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Appeal from District Court, McIntosh county; Allen, J. Action by B. C. DeLaney and others against the Western Stock Company. Judgment for plaintiffs, and defendant appeals. When pleading shows right to both legal and equitable. relief, and there is a failure to establish the latter, action should not be dismissed but issues tried by jury. Pomeroy Rem. (4th Ed. by Boyle) pp. 16-19; 38-9; 40-42; sections 11, 23, 25; Davis v. Morris, 36 N. Y. 569; Parker v. Laney, 58 N. Y. 469; Richmond v. Dubuque, 33 Iowa, 422, 489, 491. Where there is no objection to the trial of a cause as an equitable one…
1Opinion of the CourtFisk, J.
This litigation arose in the district court of McIntosh county. Plaintiffs DeLaney Bros, recovered judgment, from which defendant appeals and requests a review of the entire case in this court.
The issues as framed by the pleadings are simple. By the complaint it is alleged that at all times therein mentioned plaintiffs, H. C. and J. J. DeLaney, were and are co-partners doing business under the firm name of DeLaney Bros., and that defendant is a foreign corporation. It is next alleged that on October 11, 1904, the plaintiffs and defendent entered into an agreement as follows:
“Lehr, N. D., Oct.…
2Cited by5 opinions
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