McGinnity v. Dowd
North Dakota Supreme Court
■ Appeal from the District Court of Williams County, Honorable K. E. Leighton, Judge. If the original complaint was sufficient, it was reversible error to sustain the demurrer. If the proposed amended complaint was sufficient it was reversible error not to allow the amendment of the original complaint. Miller v. Nat. Elev.
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■ Appeal from the District Court of Williams County, Honorable K. E. Leighton, Judge. If the original complaint was sufficient, it was reversible error to sustain the demurrer. If the proposed amended complaint was sufficient it was reversible error not to allow the amendment of the original complaint. Miller v. Nat. Elev. Co. 32 N. D. 357. A Federal court may enjoin a personal-injury judgment rendered by a state court if it subsequently appears that the injury of which tho plaintiff complained was simulated. Chicago, P. I. & P. P. Co. v. Callicotte, 267 Fed. 799. “When parties have exhausted…
1Opinion of the Court
Robinson, Ch. J.
This is an appeal from a judgment entered on an order sustaining a demurrer to the complaint and from an order denying leave to serve and file an amended complaint.
The complaint avers that in January, 1913, in the district court of Williams county, in an action for an assault and battery, the defendant wrongfully and by fraud and perjury obtained a judgment against *556the plaintiff for nearly $7,000; that in said action Dowd imposed on the court by falsely claiming that he was permanently injured and that his mind was permanently injured, and that after a final hearing and…
2Cases cited3 opinions
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- Tuttle v. TuttleNorth Dakota Supreme Court · 1921
- Dowd v. McGinnityNorth Dakota Supreme Court · 1915
3Cited by4 opinions
- Hamilton v. HamiltonNorth Dakota Supreme Court · 1987
- Lamb v. KingNorth Dakota Supreme Court · 1941
- Olson v. DonnellyNorth Dakota Supreme Court · 1940
- Lamb v. Northern Improvement Co.North Dakota Supreme Court · 1942