McLain v. Nurnberg
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Fisk, J. Action by Eula L. McLain against H. Nürnberg. Judgment for plaintiff, and defendant appeals. There can -be no recovery of damages without recovery of possession. 13 Am. & Eng. Enc. of Law (2nd Ed.) 773; Caulfield v. Stevens, 28 Cal. 118; McCleary v. Crowley, 56 Pac. 227. If notice to quit is prematurely served it is void.
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Appeal from District Court, Stutsman County; Fisk, J. Action by Eula L. McLain against H. Nürnberg. Judgment for plaintiff, and defendant appeals. There can -be no recovery of damages without recovery of possession. 13 Am. & Eng. Enc. of Law (2nd Ed.) 773; Caulfield v. Stevens, 28 Cal. 118; McCleary v. Crowley, 56 Pac. 227. If notice to quit is prematurely served it is void. King v. Connolly, 51 'Cal. 181; Martin v. Splivale, 56 Cal. 128; Douglas v. Parker, 5 Pac. 178. Notice must be proven on the trial. Stullor v. Sparks, 31 Pac. 301; Douglas v. Parker, 5 Pac. 178. Notice and proof of…
1Opinion of the Court
Morgan. C. J.
This is an action of forcible detainer. The plaintiff recovered judgment in justice court for the possession of the house and lot described in the complaint and for the sum of $37, unpaid rent, and damages. The defendant appealed to the district court, and demanded a new trial in his notice of appeal. Prio'r to the trial in district court the defendant vacated the premises in suit, and the trial proceeded upon the sole issue whether the defendant was indebted to the plaintiff in any sum for rent or for damages on ■account of the occupancy of the premises. The assignments of error…
2Cases cited4 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Newell v. SanfordSupreme Court of Iowa · 1862
- Northwestern Loan & Banking Co. v. JonasenSouth Dakota Supreme Court · 1900
3Cited by19 opinions
- Grenz v. WerreNorth Dakota Supreme Court · 1964
- Nelson v. JohnsonNorth Dakota Supreme Court · 2010
- State v. MooreNorth Dakota Supreme Court · 1979
- Woods-Drury, Inc. v. Superior CourtCalifornia Court of Appeal · 1936
- Poirier Manufacturing Co. v. KittsNorth Dakota Supreme Court · 1909
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