Brandenburg v. Phillips
North Dakota Supreme Court
Appeal from District Court, Cass county ¡Pollock, J. Action by John Brandenburg and Susan J. Brandenburg against Walter Phillips and Theodore J. Ross. From a judgment in plaintiff’s favor defendants appeal, asking for a modification of the judgment.
1Opinion of the CourtFisk, J.
By this appeal appellants seek to have the judgment of the district court; modified as respects the amount of the recovery, it being their contention that they were entitled to recover interest on the principal sum found due, towit, $2,900 at the rate of 8 instead of percent, as allowed. This is the sole question presented. The action is one for -equitable relief, and was tried without a jury, and comes here for trial de novo in so far only as the issue above stated is concerned. No statement of case is incorporated in the record, and we are confronted with the question of practice, whether…
2Cases cited1 opinion
- McHenry v. RoperNorth Dakota Supreme Court · 1898
3Cited by4 opinions
- Ryan v. BremsethNorth Dakota Supreme Court · 1922
- Brand v. BrandNorth Dakota Supreme Court · 1954
- Cary v. KautzmanNorth Dakota Supreme Court · 1952
- McCulloch v. BauerNorth Dakota Supreme Court · 1912