Barnes v. Hulet
North Dakota Supreme Court
From a decree of the District Court of Hansom County, Allen, Judge, both parties appeal. When a judge trying a case without a jury has determined upon his decision in such case, he may announce his decision orally, and may nail upon the attorney for the prevailing party to prepare findings in accord with such decision, or he may draft the findings himself.
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From a decree of the District Court of Hansom County, Allen, Judge, both parties appeal. When a judge trying a case without a jury has determined upon his decision in such case, he may announce his decision orally, and may nail upon the attorney for the prevailing party to prepare findings in accord with such decision, or he may draft the findings himself. Howard v. Howard, 52 Kan. 469, 34 Pac. 1114; Bateman v. Blaisdell, 83 Mich. 357, 47 N. W. 223. Findings are, as a rule, drawn by the attorney for the successful party, and if in accord with the judge’s decision, are signed as of course.…
1Opinion of the CourtGoss, J.
This is an action in equity to reform a written contract, and as reformed to have the same canceled as having been procured through fraud; and for annulment for breach thereof by the defendant; and for an accounting for rents and profits. Portions of the pleadings are set forth; 320 acres are involved. Plaintiff, a sister-in-law of defendant, is a resident of Minnesota, and not familiar with land values. On June 21, 1905, plaintiff and defendant entered into the following contract:
This agreement made and entered into the 21st day of June, 1905, by and between Amy A. Barnes of Proctor,…
2Cases cited2 opinions
- Stiles v. GrangerNorth Dakota Supreme Court · 1908
- Hulet v. Northern Pacific Railway Co.North Dakota Supreme Court · 1905
3Cited by4 opinions
- Hermon Hanson Oil Syndicate v. BentzNorth Dakota Supreme Court · 1949
- Johnson v. MarkNorth Dakota Supreme Court · 2013
- Justice v. BurgessCourt of Appeals of Kentucky (pre-1976) · 1932
- Olson v. BrodellNorth Dakota Supreme Court · 1964