Legal Opinion

Sjoli v. Hogenson

North Dakota Supreme Court

Decided July 1, 1909PublishedCited by 20 opinions

Appeal from District Court, Walsh county; W. J. Kneeshaw, J. Action by Olivia Sjoli against E. K. Hogenson and others. Judgment for defendants and plaintiff appeals. Sureties on an administrator’s bond may be jointly and severally sued in district court. Joy v. Elton, 83 N. W. 875; 9 N. D. 428; Berryhill’s Administratrix’s Appeal, 35 Pa.

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Appeal from District Court, Walsh county; W. J. Kneeshaw, J. Action by Olivia Sjoli against E. K. Hogenson and others. Judgment for defendants and plaintiff appeals. Sureties on an administrator’s bond may be jointly and severally sued in district court. Joy v. Elton, 83 N. W. 875; 9 N. D. 428; Berryhill’s Administratrix’s Appeal, 35 Pa. St. 245; Irwin, Administrator, etc., v. Backus et als., 25 Cal. 214; Mortenson v. Bergthold, 89 N. W. 742; Bryant v. McIntosh, 84 Pac. 440; State v. Bennett, 24, Ind. 383. Judgment of county court may be attacked in district court for fraud. Joy v. Elton,…

1Opinion of the CourtCarmody, J.

This action is brought against the defendants as bondsmen of Gilbert R. Gullickson, administrator of the estate of Christian Gunderson, by Olivia Sjoli, daughter and one of the heirs at law of Christian Gunderson, to recover the sum of $1,386, claimed to be the amount due her as heir at law of said Christian Gunderson.

The action was tried to a jury, and at the close of the testimony both parties moved for a directed verdict. The trial court granted the motion of defendants, and directed the jury to return a verdict in their favor. Such verdict was returned. In due time plaintiff made a motion…

2Cases cited22 opinions

  1. Goad v. MontgomeryCalifornia Supreme Court · 1898
  2. Crew v. PrattCalifornia Supreme Court · 1897
  3. William Hill Co. v. LawlerCalifornia Supreme Court · 1897
  4. Irwin v. BackusCalifornia Supreme Court · 1864
  5. Toland v. EarlCalifornia Supreme Court · 1900

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3Cited by20 opinions

  1. Dunham v. StitzbergNew Mexico Supreme Court · 1948
  2. Stenson v. H. S. Halvorson Co.North Dakota Supreme Court · 1914
  3. Fischer v. DolwigNorth Dakota Supreme Court · 1915
  4. Folk v. MonsellCourt of Appeals for the Tenth Circuit · 1934
  5. Johnson v. RutherfordNorth Dakota Supreme Court · 1914

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