Schneider v. Marquart
North Dakota Supreme Court
From a judgment of the District Court of Logan County, Allen, J., -defendant appeals. “Codes exclude common law. In this state there is no common law in any case where the law is declared by codes.” Comp. Laws 1913", § 4431; 1 E. O. L. Animals, ¶ 45. “To have enforced the common-law rule would have retarded the settlement of the country, and have been against the policy of both the general and state government.”
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From a judgment of the District Court of Logan County, Allen, J., -defendant appeals. “Codes exclude common law. In this state there is no common law in any case where the law is declared by codes.” Comp. Laws 1913", § 4431; 1 E. O. L. Animals, ¶ 45. “To have enforced the common-law rule would have retarded the settlement of the country, and have been against the policy of both the general and state government.” Wagner v. Bissell, 3 Iowa, 398; Heath v. Coltenback, 5 Iowa, 490; Haughey v. Hart (Iowa) 17 N. W. 189; Little Eock & Ft. S. E. Co. v. Finley, 37 Ark. 562; St; Louis, I. M. & S. E. Co.…
1Opinion of the Court
Christianson, • Oh. J.
This is an action to recover damages occasioned by defendant’s horses, cattle, and swine going upon plaintiff’s premises in the fall of 1918, and destroying certain grain in stack. Defendant contends that the action is barred under § 8500, Comp. Laws 1913, for the reason that it was not commenced within sixty days after the injury was inflicted. The sole question presented to this court is whether the action must be commenced within such sixty-day period.
Section 8500, Comp. Laws 1913, reads: “Any person owning or having in his charge or possession any horses, mules,…
2Cases cited4 opinions
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1910
- Ely v. RosholtNorth Dakota Supreme Court · 1903
- Johnson v. RickfordNorth Dakota Supreme Court · 1909
3Cited by5 opinions
- State v. Sheridan CountyNorth Dakota Supreme Court · 1942
- Beck v. Workmen's Compensation Bureau Ex Rel. Unemployment Compensation DivisionNorth Dakota Supreme Court · 1966
- Jordon v. Western States Life InsuranceNorth Dakota Supreme Court · 1952
- Black v. La PorteCourt of Appeals for the Eighth Circuit · 1921
- Patterson v. City of BismarckNorth Dakota Supreme Court · 1971