Demars v. Gardner
North Dakota Supreme Court
Appeal from the District Court of Ward County, Leighton, J. Section 8506 of the Revised Codes of 1905 makes it obligatory to serve an answer only when the judgment from which appeal is taken was by default. In this ease there was no default. 13 Cyc. 759. When a change of venue is had in justice court, it is the duty of the justice to whose court the case is taken, to notify both parties of the time and place of trial. Such notice must be served on the party.
Read the full summary
Appeal from the District Court of Ward County, Leighton, J. Section 8506 of the Revised Codes of 1905 makes it obligatory to serve an answer only when the judgment from which appeal is taken was by default. In this ease there was no default. 13 Cyc. 759. When a change of venue is had in justice court, it is the duty of the justice to whose court the case is taken, to notify both parties of the time and place of trial. Such notice must be served on the party. Richmire v. Andrews & G. Elevator Co. 11 N. D. 454, 92 N. W. 819; Weimer v. Sutherland, 74 Cal. 341, 15 Pac. 849. Upon change of venue…
1Opinion of the CourtBurke, J.
This action was begun before a justice of tbe peace by the issuance and service of a summons and complaint in replevin. Two' days before the return day of the summons, the defendant filed an affidavit of prejudice and asked for a change of venue. The motion for a change of venue was signed by George H. Gjertsen, as her attorney. Upon the return day of the summons, plaintiff appeared with his attorney, but the defendant was not represented either personally or by attorney, and the said justice of the peace transferred the case to the nearest justice in said county. This second justice…
2Cases cited4 opinions
- Richmire v. Andrews & Gale Elevator Co.North Dakota Supreme Court · 1903
- Board of County Commissioners v. ChallissSupreme Court of Kansas · 1902
- Johnston v. RobinsNew York Supreme Court · 1808
- Abbott v. AbbottSupreme Judicial Court of Maine · 1906