State v. Harris
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Marie Harris was adjudged guilty of contempt, and appeals. Affidavits upon .information and belief without personal knowledge are usually condemned. State v. McGahey et al., 12 N. D. 547, 97 N. W. 865'; Swart v. Kimball, 43 Mich. 451; Kaeppler v. Red River Valley Nat. Bank, 8 N. D. 411, 79 N. W. 869; Thomas v. People of the State of Col., 9 L. R. A. 569. Objections to the interrogatories should have been sustained.
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Appeal from District Court, Cass county; Pollock, J. Marie Harris was adjudged guilty of contempt, and appeals. Affidavits upon .information and belief without personal knowledge are usually condemned. State v. McGahey et al., 12 N. D. 547, 97 N. W. 865'; Swart v. Kimball, 43 Mich. 451; Kaeppler v. Red River Valley Nat. Bank, 8 N. D. 411, 79 N. W. 869; Thomas v. People of the State of Col., 9 L. R. A. 569. Objections to the interrogatories should have been sustained. Section 5942 contains provisions that are mandatory. Noble Tp. v. Aasen, 10 N. D. 265, 86 N. W. 742, 57 Am. St. Rep. 568; State…
1Opinion of the CourtMorgan, C. J.
This is an appeal from an order of the district court of Cass county, finding the defendant guilty of a violation of an injunctional order issued by said court on June 3, 1904. The injunctional order was issued in an action between Andrew Johnson and other as plaintiffs and Marie Harris and others as defendants. The order which it is claimed that the defendant has violated is as follows, so far as material, to wit: “It is ordered that the defendant * * * be * * * hereby enjoined, restrained and forbidden from in any manner using or occupying or permitting to be used or occupied any part of…
2Cases cited9 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Clithero v. FennerWisconsin Supreme Court · 1904
- State v. RootNorth Dakota Supreme Court · 1896
- Waldner v. Bowden State BankNorth Dakota Supreme Court · 1904
- Territory v. StoneSupreme Court Of The Territory Of Dakota · 1879
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3Cited by11 opinions
- Sutherland v. International Ins. Co. of New YorkCourt of Appeals for the Second Circuit · 1930
- Harriet Cotton Mills v. Local Union No. 578, Textile Workers Union of AmericaSupreme Court of North Carolina · 1959
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- Raszler v. RaszlerNorth Dakota Supreme Court · 1956
- Conway v. State Consolidated Publishing Co.Arizona Supreme Court · 1941
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