Haessly v. Thate
North Dakota Supreme Court
.Appeal from District Court, Cass county; Pollock, J. Action by Jacob Haessly against Herman Thate. From a judgment of the district court dismissing an appeal from a judgment of a justice, defendant appeals. The district court’s jurisdiction attaches upon filing bond on appeal from justice court with the clerk.
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.Appeal from District Court, Cass county; Pollock, J. Action by Jacob Haessly against Herman Thate. From a judgment of the district court dismissing an appeal from a judgment of a justice, defendant appeals. The district court’s jurisdiction attaches upon filing bond on appeal from justice court with the clerk. Eldridge v. Knight, 11 N. D. 552, 93 N. W. 860; Petty v. Miller, 24 S. W. 330; Edminster v. Rathbun, 52 N. W. 263; McLaughlin v. Mitchell, 84 N. W. 777. It is mandatory upon district court to order transmission of proper record. Burgess v. Court, 13 Pac. 166; Wilson v. Paxton,. 62 Pac.…
1Opinion of the CourtFisic, J.
This is an appeal from a judgment of the district court dismissing an appeal to that court from a judgment of a. justice of the peace. The record discloses that the action was tried in the justice court of one H. Heffron, a justice of the peace, and', judgment rendered by such court on December 28, 1905, in plaintiff’s favor. Within the time allowed'by law an appeal was duly taken and perfected from such judgment to the district court by the service and filing "of a notice of appeal and undertaking in all respects regular. Upon the service and filing of such notice of appeal and undertaking…
2Cases cited5 opinions
- State ex rel. Beach v. District CourtMontana Supreme Court · 1903
- Struber v. RohlfsSupreme Court of Kansas · 1887
- Goodrich v. PetersonWyoming Supreme Court · 1903
- Woods v. Oregon Short Line R. Co.Oregon Supreme Court · 1905
- De Foe v. Zenith Coal Co.North Dakota Supreme Court · 1905
3Cited by5 opinions
- Lea County State Bank v. McCaskey Register Co.New Mexico Supreme Court · 1935
- Saunders v. HarrisNorth Dakota Supreme Court · 1912
- Dempsey v. KiernanIdaho Supreme Court · 1927
- Brainard v. WetzsteinNorth Dakota Supreme Court · 1924
- Saunders v. HarrisNorth Dakota Supreme Court · 1912