Schmidt v. Johnstone
North Dakota Supreme Court
From a judgment of the District Court of Golden Valley County, Pollock, Special J., defendant appeals. A change of venue is not complete until the files are received by the court to which they are sent, and therefore this case could not be legally put on the calendar for the term commencing before their receipt by the cleric Stringer v. Jacobs, 9 Ark. 497, 50 Am.
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From a judgment of the District Court of Golden Valley County, Pollock, Special J., defendant appeals. A change of venue is not complete until the files are received by the court to which they are sent, and therefore this case could not be legally put on the calendar for the term commencing before their receipt by the cleric Stringer v. Jacobs, 9 Ark. 497, 50 Am. Dec. 221; 50 Cyc. 174. Constitutional provisions as to right to trial by jury are universally held to refer to such rights as they existed at the time of the adoption of the Constitution. Smith v. Kunert, 17 N. D. 120, 115 N. W. 76;…
1Opinion of the CourtChristianson, J.
This action was brought to cancel a contract constituting a cloud on the title of the plaintiffs to a half section of land, viz., the north one half, sec. 11, twp. 138, range 106, in Golden Valley (formerly Billings) county, and to quiet title thereto in the plaintiffs. The case was tried to the court without a jury, and resulted in a judgment in favor of the plaintiffs, for the use and benefit of the plaintiff Andrew Schmidt, for a cancelation of the contract; $679.75 damages for the use and occupation of said premises; and also quieting the title to said lands in plaintiffs. Defendant…
2Cases cited11 opinions
- Angus v. CravenCalifornia Supreme Court · 1901
- O'Neil v. TylerNorth Dakota Supreme Court · 1892
- Post v. CampbellWisconsin Supreme Court · 1901
- Burr v. . the Broadway Insurance CompanyNew York Court of Appeals · 1857
- Gresens v. MartinNorth Dakota Supreme Court · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Graven v. BackusNorth Dakota Supreme Court · 1968
- Sittner v. MistelskiNorth Dakota Supreme Court · 1966
- United Accounts, Incorporated v. LarsonNorth Dakota Supreme Court · 1963
- Baird v. FischerNorth Dakota Supreme Court · 1928
- Coykendall v. KelloggNorth Dakota Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.