State ex rel. Security Bank v. Buttz
North Dakota Supreme Court
Certiorari to District Court, Benson county; Buttz, Judge. Certiorari by tbe state, on tbe relation of tbe Security Bank of Knox, against Charles W. Buttz, acting judge of tbe Second Judicial District, and another.
1Opinion of the CourtBurke, J.
Relator brings certiorari to test tbe jurisdiction of tbe district court of Benson County North Dakota, to enjoin a real estate mortgage foreclosure sale by advertisement. Two grounds are urged against the jurisdiction of tbe lower court: First, that tbe affidavit upon which tbe restraining order is based was made by a subsequent mortgagee, and not by tbe mortgagor, bis agent, or attorney, and second, that said affidavit is not sufficient to confer jurisdiction, because it states conclusions of law instead of facts.
*541It will be note.d in tbe beginning that this writ is merely to determine…
2Cases cited2 opinions
- Scott v. District Court of the Fifth Judicial DistrictNorth Dakota Supreme Court · 1906
- McCann v. Mortgage, Bank & Investment Co.North Dakota Supreme Court · 1893
3Cited by9 opinions
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1954
- Folmer v. StateNorth Dakota Supreme Court · 1984
- Lindsay v. Teamsters Union, Local No. 74North Dakota Supreme Court · 1959
- Beiseker v. SvendsgaardNorth Dakota Supreme Court · 1914
- Gaspin v. BrowningCourt of Appeals of Maryland · 1972
4 more not listed; retrieve them via the Exa API.