Naderhoff v. Geo. Benz & Sons
North Dakota Supreme Court
An appeal from the District Court for Stark County, Crawford, J. Opinion by Goss, J., written after rehearing hack The pendency of a motion for security for costs does not operate to extend the thirty-day period, in which defendant must plead. Rev. Codes 1905, §§ 6853 — 7001—7336; Douglas v. Haberstro, 8 Abb.
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An appeal from the District Court for Stark County, Crawford, J. Opinion by Goss, J., written after rehearing hack The pendency of a motion for security for costs does not operate to extend the thirty-day period, in which defendant must plead. Rev. Codes 1905, §§ 6853 — 7001—7336; Douglas v. Haberstro, 8 Abb. N. C. 230; Belknap v. Charlton, 25 Or. 41, 34 Pac. 758; Steinback v. Leese, 27 Cal. 295; Shinn v. Cummins, 65 Cal. 97, 3 Pac. 133; McDonald v. Swett, 76 Cal. 258, 18 Pac. 324; Greenfield v. Wallace, 1 Utah, 189; Boring v. Wittich, 16 Pla. 621. The affidavit of merits is wholly…
1Opinion of the CourtGoss, J.
This is an appeal from an order of the district court of Stark county vacating a default judgment taken by plaintiff against defendant corporation for $1,527, and costs and disbursements. Judgment was entered upon proof of service of summons and a verified complaint. The summons had been served upon defendant by service upon the secretary of state May 31, 1911. On June 23d, following, defendant appeared by its attorney in the action, and served a motion, *169notice to be heard July 3d, moving dismissal of the action upon the ground that plaintiff was a nonresident of the state, and had not filed…
2Cases cited53 opinions
- State v. BrownTennessee Supreme Court · 1847
- Chivington v. Colorado Springs Co.Supreme Court of Colorado · 1886
- Dudley v. WhiteSupreme Court of Florida · 1902
- Fears v. RileySupreme Court of Missouri · 1899
- Keese v. City of DenverSupreme Court of Colorado · 1887
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3Cited by15 opinions
- Ford Motor Co. v. StateNorth Dakota Supreme Court · 1930
- Overboe v. OdegaardNorth Dakota Supreme Court · 1993
- Monson v. NelsonNorth Dakota Supreme Court · 1966
- Hurd v. FordUtah Supreme Court · 1929
- Cobb v. TrammellSupreme Court of Florida · 1917
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