Legal Opinion

Lyman-Eliel Drug Co. v. Cooke

North Dakota Supreme Court

Decided May 27, 1903PublishedCited by 2 opinions

Appeal from District Court, Wells County; 6\ L. Glaspell, J. Action by Lyman-Eliel Drug Company against W. E. Cooke. Judgment for plaintiff. Defendant appeals. The court of a justice of the peace, being of limited jurisdiction, can acquire, and hold jurisdiction, only in the manner prescribed by statute.

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Appeal from District Court, Wells County; 6\ L. Glaspell, J. Action by Lyman-Eliel Drug Company against W. E. Cooke. Judgment for plaintiff. Defendant appeals. The court of a justice of the peace, being of limited jurisdiction, can acquire, and hold jurisdiction, only in the manner prescribed by statute. Phelps v. McCollom, 10 N. D. 536, 81 N. W. Rep. 292; .Shiga v. Walker, 9 N. D. 108, 81 N. W. Rep. 282; May v. Grawert, i90 N. W. Rep. 383; Hagen v. Johnson, 86 N. W. Rep. 143. An objection must state the grounds thereof, and point them out specifically that they may be corrected. 8 Enc. PI. &…

1Opinion of the CourtMorgan, J.

This action was commenced in justice’s court. During the trial before the justice without a jury, and after depositions had been read as evidence, and after the defendant had been called by the-plaintiff as a witness in its behalf, and during defendant’s examination as such witness, the plaintiff moved for a continuance for the purpose of procuring further testimony which it deemed material. In support of the motion to postpone the trial, the affidavit of plaintiff’s attorney was presented and read, and a' continuance was granted from November 27th to December 18th. The defendant reserved an…

2Cases cited1 opinion

  1. Griffin v. SpauldingSupreme Court of Vermont · 1834

3Cited by2 opinions

  1. State v. PopeSupreme Court of South Carolina · 1908
  2. Walker v. MarondaNorth Dakota Supreme Court · 1906

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