Wheeler v. Castor
North Dakota Supreme Court
Appeal from District Court, Nelson County; Fisk, J. Action by E. E. Wheeler against Ed. Castor and others. Judgment for plaintiff. From an order setting aside the same, he appeals.
1Opinion of the CourtWallin, C. J.
The record in this action shows that on January 28, 1901, a default judgment was entered in the court below in favor of plaintiff and against the defendant Castor; that a notice of motion, to be heard on July 31, 1901, to vacate, said judgment, was on July 10th served on plaintiff’s counsel in behalf of said defendant Castor; and that subsequently the district court, after hearing counsel upon the motion, entered an order vacating and setting aside the judgment, and awarding a- new trial. From said order, plaintiff has appealed to this court. Error is assigned upon the order.
The moving papers…
2Cases cited14 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Mitchell v. CampbellOregon Supreme Court · 1887
- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Barrett v. Oakley, SheriffWyoming Supreme Court · 1929
- Jesse French & Sons Piano Co. v. GettsNorth Dakota Supreme Court · 1923
- Boschker v. Van BeekNorth Dakota Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.