Raymond v. Edelbrock
North Dakota Supreme Court
Appeal from District Court, Richland county; Lauder, J. Action by E. C. Raymond, doing business as the LaCrosse Credit Association, against E. M. Edelbrock and Peter Massoth. Judgment for defendants, and plaintiff appeals. Right to move for a dismissal of an appeal is waived by any act recognizing it as before the court, such as motion for continuance, submission of the cause on its merits, etc. 2 Enc.
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Appeal from District Court, Richland county; Lauder, J. Action by E. C. Raymond, doing business as the LaCrosse Credit Association, against E. M. Edelbrock and Peter Massoth. Judgment for defendants, and plaintiff appeals. Right to move for a dismissal of an appeal is waived by any act recognizing it as before the court, such as motion for continuance, submission of the cause on its merits, etc. 2 Enc. PI. & Pr. 348-349; White v. Polleys, 30 Wis. 530; Anderson v. Webster, 11 So. 546; Ricker v. Collins, 17 S. W. 378; Warner v. Whitaker, 5 Mich. 241; Steward v. Dixon, 6 Mich. 391; Matson v.…
1Opinion of the CourtEngerud, J.
Defendants executed and delivered to plaintiff, who does business under the name “La Crosse Credit Association,” the following contract: “Wahpeton, N. D., 8-15, 1902. I agree to send to the La Crosse Credit Association, within twenty days from the above date, correct post office addresses of and amount due from at least thirty debtors who owe me accounts and notes, not outlawed, amounting in the aggregate to one hundred and fifty dollars. The first money received on said notes and accounts up to thirty-six dollars I agree to send to said association within five days after their receipt. If I…
2Cases cited4 opinions
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Lampman v. . CochranNew York Court of Appeals · 1857
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
3Cited by18 opinions
- Consolidated Cut Stone Co. v. SeidenbachSupreme Court of Oklahoma · 1937
- Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- Swan v. Great Northern Railway Co.North Dakota Supreme Court · 1918
- City of Fargo v. Case Development Co.North Dakota Supreme Court · 1987
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