More v. Burger
North Dakota Supreme Court
Appeal from District Court, Ward county; Falda, Jr., J. Action by A. Y. More and John L. More against R. B. Burger and L. W. Movius. Judgment for plaintiffs, and defendants appeal. A new cause of action must not be set up by amendment. Mares v. Wormington, 8 N. D. 329, 79 N. W. Ml. Judgment cannot be had for property not in defendant’s possession. Heidman-Benoist Saddlery Co. v. Schott, 80 N. W. 47; Gardner v. Brown, 37 Pac. 240. Market value must be proved.
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Appeal from District Court, Ward county; Falda, Jr., J. Action by A. Y. More and John L. More against R. B. Burger and L. W. Movius. Judgment for plaintiffs, and defendants appeal. A new cause of action must not be set up by amendment. Mares v. Wormington, 8 N. D. 329, 79 N. W. Ml. Judgment cannot be had for property not in defendant’s possession. Heidman-Benoist Saddlery Co. v. Schott, 80 N. W. 47; Gardner v. Brown, 37 Pac. 240. Market value must be proved. Towne v. St. Anthony & D. Elevator Co., 8 N. D. 200, 77 N. W. 608. Demand must be first made before action for conversion will lie.…
1Opinion of the Court
Morgan. C. J.
The original' complaint stated facts that would constitute a cause of action in clgim and delivery, and the relief asked for was the delivery to the plaintiffs of the property described in the complaint, or for its value, with damages for its detention in case a delivery of the possession of the property could not be had. Nearly sixty days before the trial came on, and after the defendants had answered the complaint, plaintiffs gave notice of an application for leave to amend the complaint, and the amendment was allowed after a hearing on the motion. The facts alleged in the…
2Cases cited7 opinions
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
- Raper v. HarrisonSupreme Court of Kansas · 1887
- Henderson v. HartCalifornia Supreme Court · 1898
- Rae v. Chicago, Milwaukee & St. Paul Railway Co.North Dakota Supreme Court · 1905
- Kerr v. City of Grand ForksNorth Dakota Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ritter, Laber & Associates, Inc. v. Koch Oil, Inc.North Dakota Supreme Court · 2004
- Hochstetler v. GraberNorth Dakota Supreme Court · 1951
- Page v. AtkinsSupreme Court of Oklahoma · 1922
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1911
- Rolette State Bank v. Minnekota Elevator Co.North Dakota Supreme Court · 1923
5 more not listed; retrieve them via the Exa API.