Signor v. Clark
North Dakota Supreme Court
Appeal from District Court, Cass county; Charles A. Pollock, J. Action by Sophia A. Signor against G. Lee Clark. Judgment for defendant, and plaintiff appeals. Payment of judgment either before or after execution, or before or after appeal, is no bar to an appeal, nor evidence of intent to abandon the appeal. By accepting benefits under the judgment, right to appeal is waived.
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Appeal from District Court, Cass county; Charles A. Pollock, J. Action by Sophia A. Signor against G. Lee Clark. Judgment for defendant, and plaintiff appeals. Payment of judgment either before or after execution, or before or after appeal, is no bar to an appeal, nor evidence of intent to abandon the appeal. By accepting benefits under the judgment, right to appeal is waived. Tyler v. Shea, 4 N. D. 377, 61 N. W. 468; Easton v. Lockhart, 89 N. W. 75. Where the subject matter of litigation is extinct appellant is estopped to appeal. In re Kaeppler, 7 N. D. 307, 75 N. W. 253. Where appellant…
1Opinion of the CourtMorgan, J.
The defendant moves to dismiss the appeal to this court from a decree entered in his favor in the district court. The grounds of the motion to dismiss are that the appellant voluntarily paid the judgment prior to the appeal; that the judgment was fully paid, and for her benefit, and at her request, and formally satisfied of record; and that her right to appeal was waived by such voluntary payment and satisfaction. The facts, as presented by the moving papers and counter showing, are as follows, so *39far as material to the disposition of the motion: The appellant, Sophia A. Signor, was, on and…
2Cases cited17 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- San Mateo County v. Southern Pacific RailroadSupreme Court of the United States · 1885
- In re Estate of BabyCalifornia Supreme Court · 1890
- Morton v. Superior CourtCalifornia Supreme Court · 1884
- Kenney v. ParksCalifornia Supreme Court · 1898
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