Ross v. Cooper
North Dakota Supreme Court
Appeal from a judgment of the District Court of Traill County,. Polloch, J. Statements made with a view to the apprehension of the offender-do not form part of the res gestee. 34 Cyc. 1645; Westcott v. Waterloo, O. E. & N. R. Co. 173 Iowa, 355, 155 N. W. 255; Pulsv. Grand Lodge, A. O. U. W. 13 N. D. 559, 102 N. W. 165. The res gestee rule, together with examples, or illustrations of its. application, may be found well stated in the following cases.
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Appeal from a judgment of the District Court of Traill County,. Polloch, J. Statements made with a view to the apprehension of the offender-do not form part of the res gestee. 34 Cyc. 1645; Westcott v. Waterloo, O. E. & N. R. Co. 173 Iowa, 355, 155 N. W. 255; Pulsv. Grand Lodge, A. O. U. W. 13 N. D. 559, 102 N. W. 165. The res gestee rule, together with examples, or illustrations of its. application, may be found well stated in the following cases. The-rule is that statements made by a party must be contemporaneous, with the principal act to which they relate, and there must not be such a…
1DissentGrace, J.
The case presented to^his court involves an appeal from the final judgment, and also from an order denying motion for a judgment non obstante.
The case is one of great importance and vast and far-reaching consequence; and, in order that a correct and full understanding of the issues involved may be readily comprehended, we deem it advisable to set out in full the pleadings. The complaint is as follows:
“The plaintiff for a cause of action against the defendant herein complains and alleges:
“That the defendant Harry J. Cooper for a great many years prior to, and at the time of, the commission of…
2Cases cited40 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Oliver v. StateSupreme Court of Alabama · 1850
- Southern Railway Co. v. BrownSupreme Court of Georgia · 1906
- Head v. StateMississippi Supreme Court · 1870
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