Hart v. Village of Wyndmere
North Dakota Supreme Court
Appeal from District Court of Richland county, Allen, J. Only special questions arising from the pleadings, and controverted :in the evidence, should be included in a special verdict. Mauch v. Hartford, 112 Wis. 40, 87 N. W. 816. Verdict should he signed hy the foreman. Rev. Codes 1905, § 7031. Jurisdiction cannot be conferred by consent; it must be acquired under statutory process, or order of court pursuant to the statute.
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Appeal from District Court of Richland county, Allen, J. Only special questions arising from the pleadings, and controverted :in the evidence, should be included in a special verdict. Mauch v. Hartford, 112 Wis. 40, 87 N. W. 816. Verdict should he signed hy the foreman. Rev. Codes 1905, § 7031. Jurisdiction cannot be conferred by consent; it must be acquired under statutory process, or order of court pursuant to the statute. Ramsdell v. Duxberry, 14 S. D. 222, 85 N. W. 221; Ayers, W. & R. •Co. v. Sundhack, 5 S. D. 31, 58 N. W. 4; Woodward v. Stark, 4 S. D. .588, 57 N. W. 496; Smith v.…
1Opinion of the CourtGoss, J.
This action was begun by the plaintiffs and respondents
’herein against W. D. Springer as treasurer of the village of Wyndmere as sole defendant, in which action a summons and verified complaint dated June 26, 1906, was issued and served upon the defendant therein named. The action was an equitable one asking for injunctional relief against the treasurer paying warrants and claims registered after the two warrants owned by plaintiffs, to the effect that the funds of the village be accumulated to meet the two warrants, aggre.gating $784.50 and interest, belonging to the plaintiffs. Accompanying…
2Cases cited22 opinions
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Hedderich v. HedderichNorth Dakota Supreme Court · 1909
- Anglo-American Packing v. Turner Casing Co.Supreme Court of Kansas · 1885
- French v. TurnerIndiana Supreme Court · 1860
- Noakes v. MoreyIndiana Supreme Court · 1868
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Herr v. RudolfNorth Dakota Supreme Court · 1947
- First National Bank v. KlingNorth Dakota Supreme Court · 1934
- Stradinger v. HatzenbuhlerNorth Dakota Supreme Court · 1965
5 more not listed; retrieve them via the Exa API.