Van Dyke v. Doherty
North Dakota Supreme Court
Appeal from District Court, Ransom County; Laitder, J. Action by John H. Van Dyke against Hugh Doherty and others. From a judgment sustaining a demurrer to his answer, defendant Doherty appeals.
1Opinion of the CourtBartholomew, J.
Action to foreclose a mortgage on real estate. The defendant Doherty, who was the original mortgagor, answered. To his answer a general demurrer was interposed. On the argument of the demurrer, the defendant attacks the original complaint. The court held the complaint good, and sustained the demurrer to the answer, and from such ruling the defendant appeals. The original mortgage was dated March 6, 1884, and secured a note of same date for $2,100, due in five years, with interest at 7 per centum per annum, interest payable on January 1st of each year. The complaint alleges that on July 22,…
2Cases cited1 opinion
- Russell & Co. v. AmundsonNorth Dakota Supreme Court · 1894
3Cited by4 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1943
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1899
- Beyer v. North American Coal & Mining Co.North Dakota Supreme Court · 1917