Deardoff v. Thorstensen
North Dakota Supreme Court
i Appeal from District Court, Wells county; Glaspell, J. Action by Moses Deardoff against Thorsten Thorstensen. Judgment for defendant, and plaintiff appeals. Appeal papers must be filed in the period prescribed by law.
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i Appeal from District Court, Wells county; Glaspell, J. Action by Moses Deardoff against Thorsten Thorstensen. Judgment for defendant, and plaintiff appeals. Appeal papers must be filed in the period prescribed by law. El.dridge v. Knight, 11 N. D. 552, 93 N. W. 262; Smith v. Coffin, 70 N. W. 636 ; Campbell v. Richardson, 81 N. W. 31; Brown v. Brown, 81 N. W. 627; Rudolph v. Herman, 50 N. W. 833; Croker v. Superior Court, 58 Cal. 177. . Jurisdiction on appeal cannot be waived; it is conferred only as prescribed by law. Ramsdell v. Duxberry, 85 N. W. 221; Brown v. Chicago, M. & St. P. Ry.…
1Opinion of the CourtMorgan, C. J.
This action was commenced in justice’s court and resulted in a judgment by default in favor of the plaintiff on May 8, 1903, for the sum of $120.42, damages and costs. On June 4, 1903, the defendant served a notice of appeal, undertaking, and answer upon the plaintiff’s attorney, and personal service was admitted by said attorney. The undertaking had been approved as to form and sufficiency by the clerk of the district court prior to its service on the attorney. Neither the notice of appeal,, undertaking or answer was filed in the office of the clerk of the district court until November 24,…
2Cases cited9 opinions
- Coker v. Superior CourtCalifornia Supreme Court · 1881
- Santom v. BallardMassachusetts Supreme Judicial Court · 1882
- Rudolph v. HermanSouth Dakota Supreme Court · 1891
- Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
- Eldridge v. KnightNorth Dakota Supreme Court · 1903
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3Cited by5 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- Aneta Mercantile Co. v. GrosethNorth Dakota Supreme Court · 1910
- Great Northern Express Co. v. GulbroNorth Dakota Supreme Court · 1917
- Stacy Fruit Co. v. McClellanNorth Dakota Supreme Court · 1913
- Hoerner v. WagnerNorth Dakota Supreme Court · 1960