Legal Opinion

Batzer v. Halliday

North Dakota Supreme Court

Decided July 2, 1915PublishedCited by 2 opinions

Appeal from District Court, Renville County; Leighton, J. From a judgment in defendant’s favor, plaintiff appeals. Tbe judgment entered by the justice is void, by reason of the failure of the justice to enter judgment at the close of the trial, and for the further reason that the justice, by adjourning, lost jurisdiction.

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Appeal from District Court, Renville County; Leighton, J. From a judgment in defendant’s favor, plaintiff appeals. Tbe judgment entered by the justice is void, by reason of the failure of the justice to enter judgment at the close of the trial, and for the further reason that the justice, by adjourning, lost jurisdiction. Sluga v. Walker, 9 N. D. 108, 81 N. W. 283; Power v. Larabee, 2 N. D. 148, 49 N. W. 724; 24 Cyc. 598; 17 Cyc. 1570. Action in equity is the proper remedy by which to obtain relief from a void judgment. Rev. Codes 1905, § 7114, Comp. Laws 1913, § 7728 ; Halverson v. Bennett,…

1Opinion of the Court

Eisk, Ch. J.

This is an action in equity brought in the district court •of Benville county to set aside and have adjudged to be null and void a •certain justice court judgment in an action wherein the defendant was plaintiff and plaintiff’s brother, Herman Batzer, was defendant, Ered Dietz and E. H. Stoltz were garnishees, and this plaintiff, intervener. Defendant moved for judgment on the pleadings, which motion was granted and judgment entered dismissing the action, and this appeal is from the judgment thus entered.

*364The complaint is as follows:

“I. That in an action heretofore tried in the…

2Cases cited3 opinions

  1. McClellan v. StateSouth Dakota Supreme Court · 1911
  2. Dickson v. DowsNorth Dakota Supreme Court · 1903
  3. Halverson v. BennettNorth Dakota Supreme Court · 1911

3Cited by2 opinions

  1. Cantwell v. CantwellIndiana Supreme Court · 1957
  2. Cantwell v. CantwellIndiana Supreme Court · 1957

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