Stewart v. Lyness
North Dakota Supreme Court
Appeal from District Court, Wells county; Burlce, J. Application by James R. Stewart for mandamus to Hampton Lyness. From an order overruling and denying a motion for a peremptory writ, and granting a motion to quash an alternative writ issued in the cause, an appeal is taken.
1Opinion of the CourtSpalding, J.
This is an appeal from an order of the district court' of Wells county overruling and denying appellant’s motion for a peremptory writ of mandamus, and granting the motion of respondent to quash an alternative writ issued in the cause, and dismissing the same.
The respondent submitted a motion to dismiss the appeal upon each of several grounds stated in the motion papers, and a motion, among others, to strike out appellant’s undertaking for costs and damages on the appeal. This last motion must be granted and the appeal dismissed. Sec. 7205, Rev. Codes 1905, provides, among other things, that…
2Cited by6 opinions
- Virginia Railway & Power Co. v. DresslerSupreme Court of Virginia · 1922
- W. T. Rawleigh Medical Co. v. LaursenNorth Dakota Supreme Court · 1913
- Karabensh v. GrantNorth Dakota Supreme Court · 1955
- McLean v. UnderdalNorth Dakota Supreme Court · 1943
- Haines v. WaiteSouth Dakota Supreme Court · 1932
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