Zimmerman v. Lehr
North Dakota Supreme Court
Appeal from the District Court of Logan County, Graham, J. The district court still had jurisdiction and should have determined their differences on the merits. 15 Enc. PI. & Pr. 1030, and cases cited under note 4; Coffin v. McIntosh (Utah) 34 Pac. 247; Clarke v. Mills (Kan.) 13 Pac. 569; Wheeler v. Arnold, 30 Mich. 304. The question as to whether a partnership existed is one of fact for the jury to determine.
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Appeal from the District Court of Logan County, Graham, J. The district court still had jurisdiction and should have determined their differences on the merits. 15 Enc. PI. & Pr. 1030, and cases cited under note 4; Coffin v. McIntosh (Utah) 34 Pac. 247; Clarke v. Mills (Kan.) 13 Pac. 569; Wheeler v. Arnold, 30 Mich. 304. The question as to whether a partnership existed is one of fact for the jury to determine. Frankel v. Heller, 16 N. D. 387; Sparkling v. Smeltzer, 95 N. W. 571; Johnson Bros. v. Cartel*, 94 N. W. 850.
1Opinion of the CourtBirdzell, J.
The plaintiff brought an action against the defendant in justice court to recover $32 for seed wheat. The defendant admitted liability for $30, and set up three counterclaims, two of which will be more specifically referred to later. The judgment in the justice court was in favor of the defendant in the sum of $74.88, after allowing plaintiff’s claim for the wheat at $30. An appeal was taken to the district court, and the case was, by stipulation, tried to the judge without a jury. In the district court the counterclaims were stricken out by the trial judge, and judgment was entered in favor…
2Cases cited3 opinions
- Frith v. ThomsonSupreme Court of Kansas · 1918
- Clarke v. MillsSupreme Court of Kansas · 1887
- Irish v. SnelsonIndiana Supreme Court · 1861
3Cited by6 opinions
- Hanes v. GiambroneOhio Court of Appeals · 1984
- Chipley v. SmithTexas Commission of Appeals · 1927
- Chioffi v. MartinConnecticut Appellate Court · 2018
- Lonesome Dove Petroleum, Inc. v. John H. HoltCourt of Appeals for the Eighth Circuit · 2018
- Boyle v. SmithDistrict of Columbia Court of Appeals · 1949
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