Barnett v. Will
North Dakota Supreme Court
Appeal from an. order of the District Court of Billings County, W. C. Crawford, J. That district court has a right within one year to modify its judg ments by inserting therein provisions inadvertently, or through excusable neglect, omitted therefrom, is too elementary to require comment. Comp. Laws 1913, § 7483. Plaintiff’s remedy was by appeal from the order of the court if he claimed relief therefrom. Comp.
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Appeal from an. order of the District Court of Billings County, W. C. Crawford, J. That district court has a right within one year to modify its judg ments by inserting therein provisions inadvertently, or through excusable neglect, omitted therefrom, is too elementary to require comment. Comp. Laws 1913, § 7483. Plaintiff’s remedy was by appeal from the order of the court if he claimed relief therefrom. Comp. Laws 1913, § 7841. But plaintiff’s delay for over two years to make any move is gross laches on his pari. Wannemacher v. Vance, 23 N. D. 634, 138 N. W. 3; Be Peekamose Fishing Club, 8…
1Opinion of the CourtGrace, J.
Appeal from an order of the district court of Billings comity, W. C. Crawford, Judge.
The only real question in this appeal is one involving the authority or jurisdiction of the court in making its certain order of February 4, 1916, which order set aside a certain judgment for $849.90, bearing date September 18, 1914, and otherwise modified such judgment so that it should be a judgment for the dismissal of the action, with costs of $10.75, in favor of the defendant. The judgment as modified then corresponded to a judgment entered on the 19th day of February, 1914.
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2Cited by2 opinions
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