Swedish American Nat'l Bank v. Dickinson Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by the Swedish American National Bank against the Dickinson Company and C. G. Dickinson. From an order refusing permission to file a supplemental complaint, plaintiff appeals.
1Opinion of the CourtCorliss, J.
The sole question of law at issue on this appeal relates to the extent of the power of the District Court to allow a plaintiff to file a supplemental complaint. The causes of action set forth in that pleading in this case were promissory notes. While this suit was pending the plaintiff recovered in the State of Minnesota, against the same defendants, a judgment upon the identical causes of action embraced in the complaint. Thereafter its counsel applied in this action to the District Court for permission to file a supplemental complaint, averring the recovery of this judgment. The court…
2Cases cited20 opinions
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- President of the Bank of the United States v. Merchants Bank of BaltimoreCourt of Appeals of Maryland · 1848
- Jacob v. LorenzCalifornia Supreme Court · 1893
- Candler v. PettitNew York Court of Chancery · 1828
- Muncie National Bank v. BrownIndiana Supreme Court · 1887
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3Cited by7 opinions
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Kunselman v. Southern Pacific RailroadArizona Supreme Court · 1928
- Cassidy v. Saline County BankCourt Of Appeals Of Indian Territory · 1907
- Marston v. DentonArizona Supreme Court · 1943
- Crilly v. MorrisSouth Dakota Supreme Court · 1944
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