Legal Opinion

Massett v. Schaffner

North Dakota Supreme Court

Decided October 9, 1915PublishedCited by 3 opinions

Appeal from the District Court of Dunn County; Crawford, J. Erom a judgment in plaintiff’s favor, defendant appeals. A justice of the peace has no jurisdiction to enter judgment upon the verdict of a jury rendered after the cause has been adjourned to an indefinite time, and in the absence of the parties against whom the verdict is rendered, and his counsel. Rev. Codes 1905, § 8426, Comp.

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Appeal from the District Court of Dunn County; Crawford, J. Erom a judgment in plaintiff’s favor, defendant appeals. A justice of the peace has no jurisdiction to enter judgment upon the verdict of a jury rendered after the cause has been adjourned to an indefinite time, and in the absence of the parties against whom the verdict is rendered, and his counsel. Rev. Codes 1905, § 8426, Comp. Laws 1913, § 9089. It is immaterial whether the justice enters the judgment the same day the verdict is returned, or thereafter. He had adjourned the cause to an indefinite time, and he had lost jurisdiction…

1Opinion of the Court

Eisk, Ch. J.

This litigation arose in a justice court where plaintiff1 recovered a judgment pursuant to a verdict rendered by a jury in the sum of $25 damages and costs taxed at $135.90. Such judgment is *581regular upon its face. Thereafter defendant appealed to the district court upon questions of law alone, where the judgment was affirmed with costs taxed at $140.80, making a total judgment of $165.80. From the latter judgment this appeal is prosecuted.

We cannot refrain from expressing our regret that this class of litigation should find its way to the court of last resort. For it is apparent…

2Cases cited1 opinion

  1. Peterson v. HansenNorth Dakota Supreme Court · 1906

3Cited by3 opinions

  1. State Ex Rel. Harding v. LaneNorth Dakota Supreme Court · 1931
  2. Cary Manufacturing Co. v. FerchNorth Dakota Supreme Court · 1937
  3. Anderson v. Osborne-Mcmillan Elevator Com.North Dakota Supreme Court · 1924

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