Wrege v. Jones
North Dakota Supreme Court
Appeal from District Court, Richland county; Cowan, J. Action by Albert Wrege against John R. Jones. Judgment for plaintiff. Defendant appeals. One tort may be set up as a counter-claim against another where they both arise out of the same transaction. Pelton v. Powell, 71 N. W. 887; Barholt v. Wright, 12 N. E. 185; Gutzman v. Clancy, 90 N. W. 1081; Wallace v. Plomestead Co. et ah, 90 N. W. 835; Maxwell on Code Pleadings, chapter 12, p. -544; 22 Am. & Eng. Enc.
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Appeal from District Court, Richland county; Cowan, J. Action by Albert Wrege against John R. Jones. Judgment for plaintiff. Defendant appeals. One tort may be set up as a counter-claim against another where they both arise out of the same transaction. Pelton v. Powell, 71 N. W. 887; Barholt v. Wright, 12 N. E. 185; Gutzman v. Clancy, 90 N. W. 1081; Wallace v. Plomestead Co. et ah, 90 N. W. 835; Maxwell on Code Pleadings, chapter 12, p. -544; 22 Am. & Eng. Enc. Law, 359. The counter-claim arose “out of the transaction set forth in the complaint” and was “connected with the subject of the…
1Opinion of the CourtYoung, C. J.
This is an action for slander. The plaintiff recovered a verdict in the sum of $500. The defendant has appealed from the order denying his motion for new trial, and also from the judgment.
The complaint alleges that on October 3, 1902, the defendant, in the village of Hankinson, in Richland county, in the presence of divers persons, four of whom are named, falsely and maliciously spoke and published of and concerning the plaintiff the following false, malicious, and defamatory words: “ ‘You stole my wheat’ (meaning thereby that this plaintiff stole wheat owned by defend- and). ‘Mr. Albert…
2Cases cited35 opinions
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Bush v. . ProsserNew York Court of Appeals · 1854
- Thurston v. . CornellNew York Court of Appeals · 1868
- McKown v. . HunterNew York Court of Appeals · 1864
- Seymour v. . WilsonNew York Court of Appeals · 1856
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3Cited by10 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Skjonsby v. NessNorth Dakota Supreme Court · 1974
- Egan v. DotsonSouth Dakota Supreme Court · 1915
- Dorn & McGinty v. CooperSupreme Court of Iowa · 1908
- Moen v. MoenNorth Dakota Supreme Court · 1934
5 more not listed; retrieve them via the Exa API.