Halverson v. Bennett
North Dakota Supreme Court
Appealed from District Court, La Moure county; E. B. Goss, Special Judge. Action by Ebert Halverson against E. A. Bennett and E. G. Houston to set aside an alleged void justice’s judgment. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtFisk, J.
Action in equity to set aside a justice’s court judgment upon the ground that such justice lost jurisdiction to render any judgment; he having failed to enter same in his docket at the close of the trial. His jurisdiction, both of the subject-matter and of the person of the defendant, down to the close of the trial, is not questioned; nor is the fact questioned that at the conclusion of the trial the justice orally announced his decision. The lower court denied the relief prayed for, and the case is here for trial de novo.
We have no difficulty in arriving at the conclusion reached by the…
2Cases cited5 opinions
- Knox County v. HarshmanSupreme Court of the United States · 1890
- Harnish v. BramerCalifornia Supreme Court · 1886
- Tootle, Hanna & Co. v. EllisSupreme Court of Kansas · 1901
- Burbridge v. RauerCalifornia Supreme Court · 1905
- True v. MendenhallSupreme Court of Kansas · 1903
3Cited by6 opinions
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Hays v. AlwaySouth Dakota Supreme Court · 1917
- Batzer v. HallidayNorth Dakota Supreme Court · 1915
- Sell v. DavisNorth Dakota Supreme Court · 1931
- Cantwell v. CantwellIndiana Supreme Court · 1957
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