Phelps v. McCollam
North Dakota Supreme Court
Appeal from District Court, Walsh County; Kneeshaw, J. Action by H. W. Phelps against John McCollam tin a judgment. From a judgment in favor of defendant, plaintiff appeals.
1Opinion of the CourtMorgan, J.
This is an action brought upon a judgment rendered in a justice’s court of Walsh county on May 2, 1891. The complaint is in the usual form of such complaints, and alleges that the judgment was duly assigned to the plaintiff. The answer denies that the justice of the peace before whom it is claimed such‘judgment was recovered had jurisdiction to enter any judgment, for the reason that no personal or constructive service was ever procured upon the defendant, nor did the defendant ever appear in such action. The answer further alleges that the plaintiff is not the owner of the judgment sued…
2Cases cited11 opinions
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Dobbins v. McNamaraIndiana Supreme Court · 1888
- Heffner v. GunzSupreme Court of Minnesota · 1882
- Kitzman v. Minnesota Thresher Manufacturing Co.North Dakota Supreme Court · 1900
- State Insurance v. WaterhouseSupreme Court of Iowa · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- State Ex Rel. Olson v. WelfordNorth Dakota Supreme Court · 1935
- Johnson v. BruflatSouth Dakota Supreme Court · 1922
- Lobe v. BartaschawichNorth Dakota Supreme Court · 1917
- Lamb v. KingNorth Dakota Supreme Court · 1941
6 more not listed; retrieve them via the Exa API.