Legal Opinion

De Foe v. Zenith Coal Co.

North Dakota Supreme Court

Decided May 19, 1905PublishedCited by 1 opinion

Appeal from District Court, Stark county; Winchester, J. Action by Charles De Foe against the Zenith Coal Company and E. A. Lane. Judgment for plaintiff, and defendant appeals. An appeal will not be dismissed where there is no fault or laches on the part of the appellant, but the fault, if any, is with the justice. Jackson v. Haisley, 9 So. 648; Muller v. Humphreys, 14 S. W. 891; Union Pac. Ry.

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Appeal from District Court, Stark county; Winchester, J. Action by Charles De Foe against the Zenith Coal Company and E. A. Lane. Judgment for plaintiff, and defendant appeals. An appeal will not be dismissed where there is no fault or laches on the part of the appellant, but the fault, if any, is with the justice. Jackson v. Haisley, 9 So. 648; Muller v. Humphreys, 14 S. W. 891; Union Pac. Ry. Co. v. Marston, 36 N. W. 153; Gifford v. R. R. Co., 20 Neb. 538; Hagadorn -v. Wagoner, 96 N. W. 184; Aldrich v. Circuit Judge (Mich.) 14 N. W. 565; Holmes v. Yoke, 37 S. E. 545; E. B. Fargo & Co. v.…

1Opinion of the CourtEngerud, J.

Defendants appeal from a judgment of the district court dismissing an appeal to that court from a judgment of a justice of the peace.

On February 9, 1903, defendants appealed to the district court, on- questions of law only, from a judgment rendered against them in justice court. It is conceded that the appeal was regular in all respects. On May 27, 1903, the district court was in session, and it was discovered that the justice’s .transcript had not yet been filed with the clerk of the district court. Thereupon the respondent, without notice, moved in open court for an order dismissing the…

2Cited by1 opinion

  1. Haessly v. ThateNorth Dakota Supreme Court · 1907

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