Gauthier v. Rusicka
North Dakota Supreme Court
Appeal from District Court, Walsh County; Templeton, J. Action by Herman P. Gauthier against Felix Rusicka to recover for services as physician and surgeon. Judgment for plaintiff. From an order vacating the judgment, plaintiff appeals.
1Opinion of the CourtCorliss, C. J.
The appeal is from an order vacating a judgment. The motion was made on the ground of surprise to defendant. The complaint was verified. The answer was not verified, but was received by plaintiff without objection. The case being at issue on the calendar of the District Court in and for the County of Walsh, the defendant failed to appear when the cause *2was reached for trial, and the plaintiff, after proving his case, recovered judgment. Defendant was represented by his attorney at the time plaintiff proved his case. Subsequently, on motion of defendant, the court vacated this judgment. In…
2Cases cited5 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- People's Ice Co. v. SchlenkerSupreme Court of Minnesota · 1892
- Mowry v. HillWisconsin Supreme Court · 1860
- Town of Omro v. WardWisconsin Supreme Court · 1865
- Jones v. RussellNew York Supreme Court · 1848
3Cited by7 opinions
- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Wheeler v. CastorNorth Dakota Supreme Court · 1903
- Jesse French & Sons Piano Co. v. GettsNorth Dakota Supreme Court · 1923
- Minnehaha National Bank v. HurleySouth Dakota Supreme Court · 1900
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