Paulson v. Lyson
North Dakota Supreme Court
Appeal from District Court, Richland county; Lauder, J. Action by S. Paul Paulson against L. O. Lyson. Judgment for defendant, and plaintiff appeals. A party to litigation may settle his own law suit and put an end to it, without the knowledge or consent of his attorney, in the ab-sense of any statutory provision to the contrary.
Read the full summary
Appeal from District Court, Richland county; Lauder, J. Action by S. Paul Paulson against L. O. Lyson. Judgment for defendant, and plaintiff appeals. A party to litigation may settle his own law suit and put an end to it, without the knowledge or consent of his attorney, in the ab-sense of any statutory provision to the contrary. Anderson v. Itasca Lumber Company, 91 N. W. Rep. 12; Williams et al. v. Miles et al., 89 N. W. Rep. 455; Swanston v. Morning Star Mining Co., 13 Fed. Rep. 215; Garvin v. Martin, 93 N. W. Rep. 470; Shank v. Shoemaker, 18 N. Y. 489; Adkinsoh v. Graham et al., 28 N. E.…
1Opinion of the CourtCochrane, J.
After this action was at issue and upon the court calendar for trial at a regular term of court, plaintiff, through his. attorneys, entered into the following written stipulation with defendant: “It is hereby stipulated by and between the parties to the: above-entitled action that the said action be and the same is hereby dismissed with prejudice and without cost to either party.” This stipulation was filed in the office of the clerk of the district court of Richland county, where the case was at issue. Four days after its filing, the district judge, on motion of defendant’s attorney,, but…
2Cases cited19 opinions
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Board of Commissioners (No. 2) v. YoungerCalifornia Supreme Court · 1865
- Davis v. WebberSupreme Court of Arkansas · 1899
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Lee v. Vacuum Oil Co.New York Court of Appeals · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Muhlhauser v. BeckerNorth Dakota Supreme Court · 1948
- Southworth v. RosendahlSupreme Court of Minnesota · 1916
- Bacon v. MitchellNorth Dakota Supreme Court · 1905
- Hauser v. Security Credit Co.North Dakota Supreme Court · 1936
- Millsap v. SparksArizona Supreme Court · 1920
6 more not listed; retrieve them via the Exa API.