Steen v. Neva
North Dakota Supreme Court
Action for purchase price on an auction sale. Appeal from the County Court of Stutsman County, Honorable John U. Hemmi> Judge. .Judgment for plaintiff. Defendant appeals. A civil action must be prosecuted by the real party in interest unless otherwise expressly provided by statute. Eev. Codes 1905, § 6807, Comp. Laws, 1913, § 7395; Code Civ. Proc. 1877, § 74, Eev.
Read the full summary
Action for purchase price on an auction sale. Appeal from the County Court of Stutsman County, Honorable John U. Hemmi> Judge. .Judgment for plaintiff. Defendant appeals. A civil action must be prosecuted by the real party in interest unless otherwise expressly provided by statute. Eev. Codes 1905, § 6807, Comp. Laws, 1913, § 7395; Code Civ. Proc. 1877, § 74, Eev. Codes 1895, § 5221. Defendant, the purchaser of property at an auction sale, cannot be made to pay the debt of the owner of such property to a third person. If such a contract was made, all its benefits were to go to the Stutsman…
1Opinion of the Court
Bruce, Ch. J.
This is an action to recover $36 agreed by the defendant, the purchaser at an auction sale, to be paid to a third party, *44the Stutsman County Bank, as part of the purchase price of two mares,, and being an amount due by the plaintiff to such bank for the service of a stallion.
The main question which is presented to us for determination is whether the plaintiff may maintain the suit, or whether § 7395 of the Compiled Laws of 1913, which provides that actions shall be brought by the real party in interest, requires it to be brought by the creditor of the plaintiff, that is, the…
2Cases cited5 opinions
- Harsh, McLean & Hardison v. HeflinSupreme Court of Alabama · 1884
- Kennell v. BoyerSupreme Court of Iowa · 1909
- Grand Lodge Ancient Order United Workmen v. JesseAppellate Court of Illinois · 1893
- Haven & Buck v. BaldwinSupreme Court of Iowa · 1858
- Grand Lodge of Ancient Order of United Workmen v. BagleyAppellate Court of Illinois · 1895
3Cited by3 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- Lamereaux v. PagueCourt of Appeals of Washington · 1973
- Klimpel v. HaykoNorth Dakota Supreme Court · 1921