Legal Opinion

In re the Application of Evingson

North Dakota Supreme Court

Decided August 29, 1891PublishedCited by 10 opinions

A PPEAL from district court, Cass county; Hon. William jlx B. McConnell, Judge. Application by Budolph Evingson for a writ of certiorari to William G. Dance, a justice of the peace, to compel him to send to the district court a transcript of certain records. Writ granted and judgment entered. Bespondent appeals.

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A PPEAL from district court, Cass county; Hon. William jlx B. McConnell, Judge. Application by Budolph Evingson for a writ of certiorari to William G. Dance, a justice of the peace, to compel him to send to the district court a transcript of certain records. Writ granted and judgment entered. Bespondent appeals. The writ of certiorari will be granted only where there is no writ of error or appeal, nor, in the judgment of the court, any other plain, speedy and adequate remedy. People v. Betts, 55 N. Y. 600; Sundberg v. District Court, 16 N. W. Bep. 724; Fogg y. Parker, 11 Iowa 18; School…

1Opinion of the Court

The opinion of the court was delivered by

Bartholomew, J.

The facts giving rise to this case, briefly stated, are as follows: One A. W. Kuhn was justice of the peace in Norman township, Cass county. An action, properly brought on for trial before said justice and a jury on January 3, 1S90, at a point in said township agreed upon by the parties thereto, and in which the petitioner in this case was one of the defendants, resulted in a judgment against the defendants. On March 22,1890, the petitioner obtained from the judge of the district court of Cass county a writ of certiorari to review said *187ju…

2Cases cited21 opinions

  1. Donahue v. County of WillIllinois Supreme Court · 1881
  2. Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
  3. People ex rel. Whitney v. Board of Delegates of San Francisco Fire DepartmentCalifornia Supreme Court · 1860
  4. Hyslop v. FinchIllinois Supreme Court · 1881
  5. Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872

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3Cited by10 opinions

  1. Sluga v. WalkerNorth Dakota Supreme Court · 1899
  2. Walker v. MarondaNorth Dakota Supreme Court · 1906
  3. Mielcarek v. RiskeNorth Dakota Supreme Court · 1945
  4. Weiderholt v. Lisbon Special School District No. 19North Dakota Supreme Court · 1918
  5. Peterson v. HansenNorth Dakota Supreme Court · 1906

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