Weisbecker v. Cahn
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Mary Weisbecker against John Cahn. Judgment for plaintiff, and defendant appeals. That judgment debtors have property within the state subject to levy does not operate to continue the running of the statute of limitations during his absence from the state. 55 Ky. 554; 66 Cal. 202; Richards v. Continental Ins. Co., 47 N. W. 350; 36 N. Y. App.
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Appeal from District Court, Cass county; Pollock, J. Action by Mary Weisbecker against John Cahn. Judgment for plaintiff, and defendant appeals. That judgment debtors have property within the state subject to levy does not operate to continue the running of the statute of limitations during his absence from the state. 55 Ky. 554; 66 Cal. 202; Richards v. Continental Ins. Co., 47 N. W. 350; 36 N. Y. App. Div. 473; 37 Iowa, 570; 51 Kan. 341; 43 Miss. 212; 78 Tex. 278; Robertson v. Stuhlmiller et al., 61 N. W. 986; 49 Iowa, 282; 28 So. 751, 34 S. W. 606, pp.' 234-235. Statute .of limitations…
1Opinion of the CourtMorgan, C. J.
This appeal is from an order denying an application to set aside a default judgment and for leave to- interpose^ an answer. The application may be deemed regular in every 'respect 'for the purposes of this appeal. The trial court denied the application solely upon the ground that the proposed answer does not set forth facts sufficient to constitute a defense to the cause of action pleaded in the complaint. The complaint states a cause of action for -determining adverse' claims to certain real estate and its allegations conform strictly to those required in such actions by chapter 5 of the…
2Cases cited3 opinions
- Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
- Brittain v. LankfordCourt of Appeals of Kentucky · 1901
- Simonson v. JensonNorth Dakota Supreme Court · 1905
3Cited by8 opinions
- Schluter v. SellCourt of Appeals of Texas · 1946
- Tourtelot v. BookerCourt of Appeals of Texas · 1913
- Enderlin Investment Co. v. NordhagenNorth Dakota Supreme Court · 1909
- Swanson v. FlynnNorth Dakota Supreme Court · 1948
- Union Nat. Bank v. RyanNorth Dakota Supreme Court · 1912
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