Legal Opinion

Gjerstadengen v. Hartzell

North Dakota Supreme Court

Decided May 12, 1900PublishedCited by 28 opinions

Appeal from District Court, Ransom County; Lauder, J. Action by Martin Peterson Gjerstadengen and others against William J. Hartzell. Judgment for plaintiffs. Defendants appeals. The action of Gjerstadengen v. Van Dusen & Co. was pending until its final determination on appeal on the 2d day of June, 1898. § 5739; Rev- Codes; Aldrich v. Case, 73 N. W. Rep. 161; Martin v. Gilmore, 72 111. 200; Hills v.- Sherwood, 33 Cal. 478; Brown v. Evans, 18 Fed.

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Appeal from District Court, Ransom County; Lauder, J. Action by Martin Peterson Gjerstadengen and others against William J. Hartzell. Judgment for plaintiffs. Defendants appeals. The action of Gjerstadengen v. Van Dusen & Co. was pending until its final determination on appeal on the 2d day of June, 1898. § 5739; Rev- Codes; Aldrich v. Case, 73 N. W. Rep. 161; Martin v. Gilmore, 72 111. 200; Hills v.- Sherwood, 33 Cal. 478; Brown v. Evans, 18 Fed. Rep. 59; Natzger v. Gregg, 99 Cal. 83, 33 Pac. ReP- 757; In re Blythe’s Estate, 99 Cal. 472, 33 Pac. Rep. 108; Storey v. Storey, 100 Cal. 41, 34…

1Opinion of the CourtYoung, J.

This case was before us at a former term upon an appeal from an order of the District Court striking out portions of the answer. The order striking out was sustained in part only. It was held as to certain portions that plaintiff’s attack should have been by demurrer. See Gjerstadengen v. Hartzell, 8 N. D. 424, 79 N. W. Rep. 872. A demurrer was interposed, when the case went back to the District Court. The present appeal is from an order sustaining the demurrer to those portions. The action is in equity to partition a quarter section of land situated in Ransom county. Plaintiffs allege that…

2Cases cited10 opinions

  1. Scott v. . GuernseyNew York Court of Appeals · 1871
  2. Davis v. DavisCalifornia Supreme Court · 1864
  3. Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
  4. Gjerstadengen v. G. W. Van Duzen & Co.North Dakota Supreme Court · 1898
  5. Townsend Savings Bank v. ToddSupreme Court of Connecticut · 1879

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3Cited by28 opinions

  1. Erickson v. WiperNorth Dakota Supreme Court · 1916
  2. Porter v. HendersonSupreme Court of Alabama · 1919
  3. Peacock v. HorneSupreme Court of Georgia · 1925
  4. Burlington Northern, Inc. v. HallNorth Dakota Supreme Court · 1982
  5. Cranston v. WintersNorth Dakota Supreme Court · 1976

23 more not listed; retrieve them via the Exa API.

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