Wilmott v. Koller
North Dakota Supreme Court
Appeal from the District Court of Ramsey County; Buttz, J. From an order vacating a judgment of dismissal of the action, defendant appeals. The order vacating the judgment of dismissal of the appeal, and reinstating the appeal, cannot stand. The judgment from which appeal was taken had been paid, and the amount thereof accepted by plaintiff prior to his application for reinstatement, by payment to plaintiff’s attorney in the case.
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Appeal from the District Court of Ramsey County; Buttz, J. From an order vacating a judgment of dismissal of the action, defendant appeals. The order vacating the judgment of dismissal of the appeal, and reinstating the appeal, cannot stand. The judgment from which appeal was taken had been paid, and the amount thereof accepted by plaintiff prior to his application for reinstatement, by payment to plaintiff’s attorney in the case. This was payment to plaintiff. • See 2 Cyc. 162, and cases cited; Larson v. Vinje, — Iowa, —, 109 N. W. 786; Horton v. Emerson, 30 N. D. 258, 152 N. W. 529. “The…
1Opinion of the CourtFisk, C. J.
This litigation originated in justice court, where plaintiff had judgment for $35.63. An appeal was prosecuted to the district court, defendant demanding a trial de novoJ and giving a stay bond. Thereafter the following stipulation was entered into by counsel for the respective parties: “It is hereby stipulated and agreed by and between plaintiff and defendant herein, that in consideration of the sum of $37 this day paid by defendant to plaintiff, that the above-entitled action be, and the same is, hereby dismissed with prejudice and without costs to either party, and that pursuant to this…
2Cases cited11 opinions
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
- Lee v. KaiserSupreme Court of Missouri · 1883
- Donaghyv. McCorkleTennessee Supreme Court · 1906
- Leonard v. Security Building Co.Missouri Court of Appeals · 1913
- Eden Musee Co. v. YoheNebraska Supreme Court · 1893
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