Erickson v. Elliott
North Dakota Supreme Court
Appeal from District Court, McHenry County; Goss, J. Action -by Henry Erickson against J. B. Elliott. Judgment for plaintiff was reversed in the district court, and he appeals. On appeal from justice court, issue is same as below. O’Maley v. Garriott, 49 S. W. 108; Clements v. Carpenter, 78 S. W. 369; -Cedar Hill Orchard & Nursery Co. v. Henney, 80 S. W. 378; Lamping v. Keenan, 13 Pac. 434; Union Pac. Ry. Co. v. Sternberg, 31 Pac. 1031; Currie v. Southern Pac. Ry.
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Appeal from District Court, McHenry County; Goss, J. Action -by Henry Erickson against J. B. Elliott. Judgment for plaintiff was reversed in the district court, and he appeals. On appeal from justice court, issue is same as below. O’Maley v. Garriott, 49 S. W. 108; Clements v. Carpenter, 78 S. W. 369; -Cedar Hill Orchard & Nursery Co. v. Henney, 80 S. W. 378; Lamping v. Keenan, 13 Pac. 434; Union Pac. Ry. Co. v. Sternberg, 31 Pac. 1031; Currie v. Southern Pac. Ry. Co. 38 Pac. 884; Hollen v. Davis, 13 N. W. 413; Carlson v. Stocking, 65 N. W. 58; Frohlich v. Graulich, 71 N. W. 477. Plea of…
1Opinion of the Court
'Morgan, C. J.
This action was commenced in justice court on the 21st day of January, 1905. The complaint alleged a cause of action on an indebtedness represented by a check drawn by the defendant in favor of the plaintiff upon the Towner Merchants’ Bank for the sum of $150. On presentation of the check at the bank, payment was refused, and this action was commenced. The defendant did not appear in justice court on the return day fixed by the summons, and judgment by default was entered against him for the full amount claimed. The defendant in due time appealed from the default judgment…
2Cases cited1 opinion
- Vidger v. NolinNorth Dakota Supreme Court · 1901
3Cited by5 opinions
- Moores v. TomlinsonNorth Dakota Supreme Court · 1916
- Nomland Motor Company v. AlgerNorth Dakota Supreme Court · 1949
- Meske v. MelicherNorth Dakota Supreme Court · 1923
- Erickson v. ElliottNorth Dakota Supreme Court · 1908
- Weber v. United Hardware & Implement Mutuals Co.North Dakota Supreme Court · 1948