Johnson v. Glaspey
North Dakota Supreme Court
Appeal from District Court, Ward county; Goss, J. Action by Neis Johnson and Syver Johnson against Richard Glasp'ey and William Rennie. Judgment for defendants, and plaintiffs appeal. Appeal bond was insufficient, and appeal should have been dismissed. Doering v. Jensen, 91 N. W. 343. Verdict must respond to the issues, or no judgment can follow. Holt v. Van Eps, 1 Dak. 192, 46 N. W. 691; Michon v. Ayalla, 84 Tex. 685; 2 Enc.
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Appeal from District Court, Ward county; Goss, J. Action by Neis Johnson and Syver Johnson against Richard Glasp'ey and William Rennie. Judgment for defendants, and plaintiffs appeal. Appeal bond was insufficient, and appeal should have been dismissed. Doering v. Jensen, 91 N. W. 343. Verdict must respond to the issues, or no judgment can follow. Holt v. Van Eps, 1 Dak. 192, 46 N. W. 691; Michon v. Ayalla, 84 Tex. 685; 2 Enc. PL & Pr. 868; Walston v. Walston, 24 S. W. 951, 28 Am. & Eng. Enc. of Law (1st Ed.) 283; Traun v. Wit-tick, 27 Ala. 571; Stiles v. Granville, 6 Cush. 458; Swain v. Roys,…
1Opinion of the CourtSpalding, J.
This is an action in claim and delivery, and the first question presented for consideration is whether an undertaking on appeal .from justice court to district court drawn in accordance with the requirements of section 8503, Rev. Codes 1905, is suf*337ficient to give the district court jurisdiction without containing apy provisions in the express language of section 8502, Rev. Codes 1905. The judgment of the justice court was for the plaintiffs, and, in the alternative, holding them to be the owners and entitled to the possession or the value of the property in question, and awarding them damages…
2Cases cited10 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Hawley v. BarkerSupreme Court of Colorado · 1879
- Aultman Co. v. McDonoughWisconsin Supreme Court · 1901
- Simmons v. HamiltonCalifornia Supreme Court · 1880
- Day v. WebbSupreme Court of Connecticut · 1859
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3Cited by2 opinions
- Ulrich v. Amerada Petroleum Corp.North Dakota Supreme Court · 1954
- Burger v. SinclairNorth Dakota Supreme Court · 1913