Orth v. Procise
North Dakota Supreme Court
Appeal from the District Court of Hettinger County, Honorable W. C. Crawford, Judge. Defendant appeals. It is necessary to allege and prove the execution and delivery of a power of attorney in foreclosure proceedings. Comp. Stat. 1913,' § 8075. “An issue of fact in an action for the recovery of money only must be tried by a jury.” Comp.
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Appeal from the District Court of Hettinger County, Honorable W. C. Crawford, Judge. Defendant appeals. It is necessary to allege and prove the execution and delivery of a power of attorney in foreclosure proceedings. Comp. Stat. 1913,' § 8075. “An issue of fact in an action for the recovery of money only must be tried by a jury.” Comp. Stat. 1913, § 7608. Evidence to show mistake on the part of both parties, or on the part of only one of the parties, or fraud by one party on the other, is always admissible. Erickson v. Wiper, 33 N. D. 193, 157 N. W. 592; De Rue v. McIntosh, 26 S. D. 42, 127…
1Opinion of the Court
>Bobinson, J.
Nellie Procise appeals from a judgment for $1,816. It was recovered on a promissory note made by her and her husband to the Citizens State Bank of Begent, North Dakota. Her defense is that she signed the note without any consideration, and that she was induced to sign it by false and fraudulent representations made to her by the bank cashier. Pier husband, Charles Procise, was indebted to the bank, and to secure the same he made to it a mortgage on real property, and to release her interest in the same, Nellie Procise signed the mortgage without any covenant to pay the debt. The…
2Cases cited1 opinion
- Erickson v. WiperNorth Dakota Supreme Court · 1916
3Cited by7 opinions
- Hanes v. MitchellNorth Dakota Supreme Court · 1951
- Kern v. KelnerNorth Dakota Supreme Court · 1948
- Streeter v. ArcherNorth Dakota Supreme Court · 1920
- Hellebust v. BondeNorth Dakota Supreme Court · 1919
- Baird v. Publishers' National Service BureauNorth Dakota Supreme Court · 1924
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