National Union Fire Insurance v. Martin
North Dakota Supreme Court
Appeal from District Court of Rolette County, Butte, J. Action upon a policy of fire insurance; appeal from judgment rendered against the defendant; motion to dismiss the appeal by respondent. Unless notice of entry of judgment is served upon the proper parties the statute does not run against the time for appeal. Comp. Laws-1913, § 7678; Prescott v. Brooks, 11 N. D. 93; First Nat. Bank v. McCarthy (S. D.) 83 N. W. 423; Mallory v. See (Cal.) 61 Pac. 1123; Clark Imp.
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Appeal from District Court of Rolette County, Butte, J. Action upon a policy of fire insurance; appeal from judgment rendered against the defendant; motion to dismiss the appeal by respondent. Unless notice of entry of judgment is served upon the proper parties the statute does not run against the time for appeal. Comp. Laws-1913, § 7678; Prescott v. Brooks, 11 N. D. 93; First Nat. Bank v. McCarthy (S. D.) 83 N. W. 423; Mallory v. See (Cal.) 61 Pac. 1123; Clark Imp. Co. v. Wadden (S. D.) 136 N. W. 111. If no appeal is taken within six months after notice of entry of judgment, court loses…
1Opinion of the CourtBronson, J.
This is an appeal from a judgment in the district court of Rolette county rendered June 28, 1917, against the defendant for $624.95.
Thereafter on March 12, 1918, the trial court made an Order reducing such judgment in the sum of $140.40, permitting the balance of the judgment to stand and the lien thereof as of June 28, 1917.
The appeal herein was made on the 17th day of June, 1918.
The respondent has made a motion to dismiss the appeal for lack of jurisdiction, through failure to appeal within the statutory time prescribed.
On June 28, 1917, the attorney for the respondent mailed to the…
2Cases cited3 opinions
- Stierlen v. StierlenNorth Dakota Supreme Court · 1899
- Barnett v. WillNorth Dakota Supreme Court · 1917
- Keogh v. SnowNorth Dakota Supreme Court · 1900
3Cited by4 opinions
- Essex Storage Electric Co. v. Victory Lumber Co.Supreme Court of Vermont · 1919
- Carson State Bank v. Grant Grain Co.North Dakota Supreme Court · 1924
- Gunsch v. BoehlerNorth Dakota Supreme Court · 1958
- People's State Bank v. LeeNorth Dakota Supreme Court · 1927