Rohan v. Johnson
North Dakota Supreme Court
Appeal from the County Court of Cass County, Hanson, J. From an order overruling a demurrer to the complaint, defendant • appeals. Champerty is a species of maintenance, and is defined as being a bargain with a plaintiff or defendant campum partiré to divide the land or other matter sued for between them if they succeeded, whereupon the champertor is to carry on suit for party at his own expense. 3 Bl. Com. 135 ; 1 Bouvier’s Law Diet.
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Appeal from the County Court of Cass County, Hanson, J. From an order overruling a demurrer to the complaint, defendant • appeals. Champerty is a species of maintenance, and is defined as being a bargain with a plaintiff or defendant campum partiré to divide the land or other matter sued for between them if they succeeded, whereupon the champertor is to carry on suit for party at his own expense. 3 Bl. Com. 135 ; 1 Bouvier’s Law Diet. It consists of an agreement to prosecute or defend a suit, by personal services or the furnishing of funds, in which suit he has no personal interest, upon a…
1Opinion of the CourtChristianson, J.
This is an appeal from an order of the county •court of Cass county overruling a general demurrer to plaintiff’s complaint. The complaint, omitting the formal parts, is in words and figures as follows:
“I. That on the 25th day of November, 1911, one Martin E. Johnson executed and delivered to one Evan Johnson, his certain written promissory note, wherein and whereby he promised to pay to the order of said Evan Johnson on demand after date the sum of four hundred ninety-three ($493) dollars.
“II. That thereafter said Evan Johnson died, and his estate was thereafter duly probated in the county…
2Cases cited13 opinions
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- In Re PaschalSupreme Court of the United States · 1871
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- Gilbert v. HolmesIllinois Supreme Court · 1872
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- Interstate Collection Agency, Inc. v. KuntzNorth Dakota Supreme Court · 1970