O'Brien v. Miller
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by T. O’Brien against Henry Miller, commenced in Justice’s Court, and taken on appeal by plaintiff to the District Court. From a judgment affirming the judgment of the justice dismissing the action, and for costs in favor of defendant, plaintiff appeals.
1Opinion of the CourtWallin, J.
This action was instituted in a Justice Court to recover money. Issue was joined by complaint and answer. In the Justice Court both sides introduced their evidence, and the justice entered judgment in favor of defendant, dismissing the aetion, and for costs. A statement of the case was settled in Justice Court, and plaintiff perfected an appeal to the District Court upon questions of law only. In District Court, on defendant’s application therefor, an order was made directing the justice who heard the case to make and certify a further return of the proceedings had before him in the action.…
2Cases cited2 opinions
- Globe Investment Co. v. BoyumNorth Dakota Supreme Court · 1894
- Bissonette v. BarnesNorth Dakota Supreme Court · 1894
3Cited by10 opinions
- Nichols & Shepard Co. v. StanglerNorth Dakota Supreme Court · 1897
- Vidger v. NolinNorth Dakota Supreme Court · 1901
- Johns v. RuffNorth Dakota Supreme Court · 1903
- Seubert v. Fawick Tractor Co.South Dakota Supreme Court · 1915
- State v. JohnsSouth Dakota Supreme Court · 1910
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