Union Nat. Bank v. Ryan
North Dakota Supreme Court
Appeal by defendant from a judgment of tbe District Court for Pembina County; Burr, J., in plaintiff’s favor in an action for the renewal of a domestic money judgment held by plaintiff against defendant. After ten years the judgment is absolutely extinguished for all purposes. Merchants Nat. Bank v. Braitbwaite, Y N. D. 858, 66 Am. St. Pep. 653, Y5 N. W. 244; Lamberton v. Grant, 94 Me. 508, 80 Am. St. Pep. 415, 48 Atl. 12Y; Berkley v.' Tootle, 163 Mo. 584, 85 Am.
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Appeal by defendant from a judgment of tbe District Court for Pembina County; Burr, J., in plaintiff’s favor in an action for the renewal of a domestic money judgment held by plaintiff against defendant. After ten years the judgment is absolutely extinguished for all purposes. Merchants Nat. Bank v. Braitbwaite, Y N. D. 858, 66 Am. St. Pep. 653, Y5 N. W. 244; Lamberton v. Grant, 94 Me. 508, 80 Am. St. Pep. 415, 48 Atl. 12Y; Berkley v.' Tootle, 163 Mo. 584, 85 Am. St. Pep. 592, 63 S. W. 681; St. Louis Type Foundry Co. v. Jackson, 128 Mo. 119, 30 S. W. 521; Dempsey v. Oswego Twp. 2 O. C. A.…
1Opinion of the CourtBurke, J.
This action is for the renewal of a domestic judgment for money, held by plaintiff against defendant, who has been absent from the state during the ten-year period of limitations. If the time of his absence be counted, the judgment has been barred by the terms of § 6786, Revised Codes of 1905. If, however, his absence be considered as tolling the statute of limitations, as provided in § 6796, the old judgment is sufficient as a basis for this suit.
Many other states have similar statutes, and their courts have frequently passed thereon, but we can find no state having identical laws with ours.…
2Cases cited11 opinions
- Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
- Adams & Freese Co. v. KenoyerNorth Dakota Supreme Court · 1908
- Osborne v. LindstromNorth Dakota Supreme Court · 1899
- Smalley v. BowlingSupreme Court of Kansas · 1902
- Gaines v. GrunewaldSupreme Court of Minnesota · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jahner v. JacobNorth Dakota Supreme Court · 1994
- Investors Title Insurance Co. v. HerzigNorth Dakota Supreme Court · 2011
- Blomdahl v. BlomdahlNorth Dakota Supreme Court · 2011
- Groth v. NessNorth Dakota Supreme Court · 1935
- F/S Manufacturing v. KensmoeNorth Dakota Supreme Court · 2011
6 more not listed; retrieve them via the Exa API.