Forman v. Healey
North Dakota Supreme Court
Appeal from District Court, Richland County, Frank P. Allen, J. ■ Action by Frank N.-Forman against Simon P. Healey. Judgment for defendant and Plaintiff appeals. Jurisdiction is not cured by a general appearance after special appearance to object to jurisdiction. Harkness v. Hyde, 25 L. Ed.
Read the full summary
Appeal from District Court, Richland County, Frank P. Allen, J. ■ Action by Frank N.-Forman against Simon P. Healey. Judgment for defendant and Plaintiff appeals. Jurisdiction is not cured by a general appearance after special appearance to object to jurisdiction. Harkness v. Hyde, 25 L. Ed. (U. S.) 237; Milne v. Dowling, 4 L. D. 379; Chesley v. Rice, 16 L. D. 120; Ellsworth Trust Company v. Parramore, 48 C. C. A 132; Central Grain et, Exchange v. Board of Trade, 60 C. C. A. 302. Notice of final proof must cite adverse claimant. Reno v. Cole, 15 L. D. 174; cited with approval in Andrew Davis,…
1ConcurrenceEllsworth, J.
While I concur in the result announced by the opinion of my associates, I am unable to agree with their holding that the proceeding initiated by respondent, Flealey, against appellant, Forman, in the United States Land Office at Fargo on May 8, 1899, “was not in reality a contest.”
A “contest," according to the definition of the rules of practice of the Land Department (rule 1), is a special proceeding “initiated by an adverse party or other person against a party to any entry, filing or other claim, under the laws of Congress relating to the public lands for any sufficient cause affecting the…
2Cases cited2 opinions
- Parsons v. VenzkeNorth Dakota Supreme Court · 1894
- Forman v. HealeyNorth Dakota Supreme Court · 1909