Fischer v. Dolwig
North Dakota Supreme Court
From an order of the District Court of Stark County, overruling a demurrer to the complaint, Crawford, J., defendant appeals. The district court of Stark county has no jurisdiction over the subject of this action, and the demurrer should have been sustained. The complaint should allege the filing of a proper petition for administration in county court, and should contain allegations of all the facts necessary to show that the county court had jurisdiction to act.
Read the full summary
From an order of the District Court of Stark County, overruling a demurrer to the complaint, Crawford, J., defendant appeals. The district court of Stark county has no jurisdiction over the subject of this action, and the demurrer should have been sustained. The complaint should allege the filing of a proper petition for administration in county court, and should contain allegations of all the facts necessary to show that the county court had jurisdiction to act. Dob-ler v. Strobel, 9 N. D. 104-, ,81 Am. St. Rep. 530, 81 N. W. 37. If plaintiff has not been damaged by the decree, she is not…
1Opinion of the CourtCiieistiaNSON, J.
The defendant, John Dolwig, has appealed from an order of the district court, overruling a demurrer to the complaint. The demurrer is based on two grounds: (1) That the court had no jurisdiction of the subject-matter of the action, and (2) that the complaint does not state facts sufficient to constitute a cause of action. The complaint sets forth that Jacob Dolwig died about December 15, 1910, and at that time was possessed of real and personal property, which is described (the real estate being located in Stark county), and that at the time of his death the plaintiff was his wife; that said…
2Cases cited5 opinions
- Joy v. EltonNorth Dakota Supreme Court · 1900
- Sjoli v. HogensonNorth Dakota Supreme Court · 1909
- Johnson v. RutherfordNorth Dakota Supreme Court · 1914
- Blackman v. MulhallSouth Dakota Supreme Court · 1905
- Howell v. DinneenSouth Dakota Supreme Court · 1903
3Cited by21 opinions
- Hull v. RolfsrudNorth Dakota Supreme Court · 1954
- Honsinger v. StewartNorth Dakota Supreme Court · 1916
- Reichert v. ReichertNorth Dakota Supreme Court · 1919
- Moore v. PalmerNorth Dakota Supreme Court · 1919
- Manikowske Ex Rel. Bladow v. ManikowskeNorth Dakota Supreme Court · 1965
16 more not listed; retrieve them via the Exa API.