Clark v. Sullivan
North Dakota Supreme Court
Appeal from District Court, Morton County; Winchester, J. Action on a bond by James C. Clark against James O. Sullivan. Henry G. Voss intervened, claiming an interest in, the controversy. From the order sustaining a demurrer to the complaint in intervention, intervener appeals. Interveners lien for attorneys fee’s upon the judgment and the proceeds thereof is superior to the set off pleaded by the respondent.
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Appeal from District Court, Morton County; Winchester, J. Action on a bond by James C. Clark against James O. Sullivan. Henry G. Voss intervened, claiming an interest in, the controversy. From the order sustaining a demurrer to the complaint in intervention, intervener appeals. Interveners lien for attorneys fee’s upon the judgment and the proceeds thereof is superior to the set off pleaded by the respondent. Rhine v. Robinson, 29 N. W. Rep. 86; Rice v. Day, 49 N. W. Rep. 1128; Wards v. Watson, 44 N. W. Rep. 27; Brainard & Johnson v. Elwood, 3 N. W. Rep. 799; Reynolds v. Reynolds, 7 N. W.…
1Opinion of the CourtCorliss, J.
The contest before us is between the defendant, Sullivan, and the intervener, Voss. The action is upon an undertaking executed by defendant, Sullivan, to plaintiff, Clark, as surety for one Mead, against whom Clark had recovered judgment before a justice of the peace. From this judgment, Mead appealed to the District Court, and on this appeal the undertaking sued upon was executed by Sullivan, as surety for Mead. In this undertaking, Sullivan, in substance,' agreed that he would pay the *282amount of any judgment which should be rendered against Mead, in and by the District Court, on such appeal.…
2Cases cited17 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Martin v. HawksNew York Supreme Court · 1818
- Puett v. BeardIndiana Supreme Court · 1882
- Perry v. . ChesterNew York Court of Appeals · 1873
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3Cited by13 opinions
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Jacobsen v. MillerNorth Dakota Supreme Court · 1924
- Coombe v. KnoxMontana Supreme Court · 1903
- Grimes Savings Bank v. McHargSupreme Court of Iowa · 1933
- Lown v. CasselmanNorth Dakota Supreme Court · 1913
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