Legal Opinion

In re Kaeppler

North Dakota Supreme Court

Decided April 16, 1898PublishedCited by 16 opinions

Appeal from District Court, Cass County; Pollock, J. Insolvency proceedings by the Red River Valley National Bank against Carl A. Kaeppler. Defendant had judgment, from which plaintiff appeals subsequent to a judgment rendered on defendant’s voluntary petition in insolvency adjudging him insolvent.

1Opinion of the CourtCorliss, C. J.

The motion to dismiss this appeal must be granted. There is before the court only an abstract question, the decision of which, though it should be in favor of the appellant, cannot possibly be of any advantage to him so far as the merits of the controversy are concerned. Appellant instituted, under the statute, involuntary insolvency proceedings against the respondent, who contested them. The court having found in favor of the respondent upon the trial of the issues therein, judgment was rendered dismissing the appellant’s petition with costs. Thereupon the respondent himself filed his…

2Cases cited17 opinions

  1. Little v. BowersSupreme Court of the United States · 1890
  2. People Ex Rel. Geer v. Common Council of TroyNew York Court of Appeals · 1880
  3. Hice v. OrrWashington Supreme Court · 1896
  4. Foster v. SmithCalifornia Supreme Court · 1897
  5. Washington Market Co. v. District of ColumbiaSupreme Court of the United States · 1890

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3Cited by16 opinions

  1. Rutherford v. KatzenbergerCourt of Appeals of Maryland · 1983
  2. Hart v. ByeNorth Dakota Supreme Court · 1957
  3. State ex. rel. Dakota Trust Co. v. StutsmanNorth Dakota Supreme Court · 1912
  4. Cowl v. WentzNorth Dakota Supreme Court · 1961
  5. Garbush v. FireyNorth Dakota Supreme Court · 1916

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