Walter A. Wood Harvester Co. v. Heidel
North Dakota Supreme Court
Appeal from District Court, Barnes County; Rose, J. Action by the Walter A. Wood Harvester Company against Charles E. Heidel, August Heidel, and others, and separate actions by the Duluth Dry Goods Company and by the Merchants’ State Bank of Fargo against the same defendants. Defendants had judgment in all the actions, and plaintiffs separately appealed. The appeals were dismissed, and appellants moved to reinstate.
1Opinion of the CourtCorliss, J.
The appeals in the above entitled four cases were dismissed by order of the chief justice, for failure to comply with Rule 9, requiring the appellants to cause the record to be sent up to this court within 60 days after the appeal is perfected, or within 20 days after service of notice by the respondent to send up such record, in case of appellant’s failure to cause the record to be transmitted within 60 days. Appellants in all four cases have made motions in this court to reinstate these appeals.
In support of these motions, it is first urged that Rule 9 is void because it denies to the…
2Cases cited8 opinions
- Richardson v. GreenSupreme Court of the United States · 1889
- Grigsby v. PurcellSupreme Court of the United States · 1879
- Lincoln Brick & Tile Works v. HallNebraska Supreme Court · 1889
- Fayolle v. Texas & Pacific RailroadSupreme Court of the United States · 1888
- Smith v. SolomonCalifornia Supreme Court · 1890
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