Sargent v. Kindred
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Homer E. Sargent against Charles F. Kindred. From orders setting aside a judgment for plaintiff, and refusing, in a supplemental proceeding, to vacate said order, plaintiff appeals. The defendant did not apply for relief from the judgment entered against him, within a year after he had knowledge of the judgment. Section 4939, Comp. Laws.
Read the full summary
Appeal from District Court, Cass County; McConnell, J. Action by Homer E. Sargent against Charles F. Kindred. From orders setting aside a judgment for plaintiff, and refusing, in a supplemental proceeding, to vacate said order, plaintiff appeals. The defendant did not apply for relief from the judgment entered against him, within a year after he had knowledge of the judgment. Section 4939, Comp. Laws. Service of notice of judgment upon the attorney who had appeared in the cause was sufficient. Merriam v. Gordon, 22 N. W. Rep. 563; Bell v. Lumber Co., 32 N. W. Rep. 561. And is notice to the…
1Opinion of the CourtBartholomew, J.
There are two appeals submitted in this case. The first is from an order setting aside a judgment in plaintiff’s favor, and the second is from an order refusing, upon a supplemental showing, to vacate the first order. These orders in turn involve two cases between the same parties which were in the same condition, and by stipulation the appeals in one case shall be held to cover both. We shall speak of but one case in this opinion.
In the order setting aside the judgment it is recited, inter alia, *11that “at the time of the trial of said action the same had been removed to the Circuit Court of…
2Cases cited8 opinions
- Gould v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1893
- Miller v. SundeNorth Dakota Supreme Court · 1890
- Carr v. FifeU.S. Circuit Court for the District of Washington · 1891
- Wing v. Chicago & N. W. R'y Co.South Dakota Supreme Court · 1891
- Gaffney v. GilletteU.S. Circuit Court for the District of Colorado · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Wheeler v. CastorNorth Dakota Supreme Court · 1903
- First Federal Savings & Loan Ass'n of Bismarck v. HulmNorth Dakota Supreme Court · 1982
- Emmons County v. ThompsonNorth Dakota Supreme Court · 1900
11 more not listed; retrieve them via the Exa API.