State ex rel. Security Bank v. Buttz
North Dakota Supreme Court
Certiorari to District Court, Benson county; Buttz, Judge. Certiorari by tbe state, on tbe relation of tbe Security Bank of Knox, against Charles W. Buttz, acting judge of tbe Second Judicial District, and another.
1DissentSpalding, J.
I cannot assent to the holding that the-affidavit on which the judge of the district court based his order staying, the foreclosure sale advertised, and directing that all further proceedings, if any, be had by action, was sufficient to confer jurisdiction to* make such order. Section 7454, Rev. Codes 1905, was enacted by the-territorial legislature in 1888, and provides that “when the mortgagee- or his assignee has commenced proceedings for the foreclosure of a mortgage by advertisement, and it shall be made to appear by the affidavit of the mortgagor, his agent, or attorney, to the…
2Cases cited13 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
- Ricketson v. RichardsonCalifornia Supreme Court · 1864
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Beach v. BeachSupreme Court Of The Territory Of Dakota · 1889
- McCann v. Mortgage, Bank & Investment Co.North Dakota Supreme Court · 1893
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