Root v. Rose
North Dakota Supreme Court
Appeal from District Court, Barnes County; Glaspell, J. Action by Herbert Root against Roderick Rose, Herman Winterer, E. H. Briggs, and Herman O. Sterl. Judgment for defendants upon their demnrrer to the complaint dismissing plaintiff’s action. Plaintiff appeals. The complaint avers a conspiracy to unlawfully vex, annoy, persecute and damage plaintiff in his person and property. This is an actionable wrong.
Read the full summary
Appeal from District Court, Barnes County; Glaspell, J. Action by Herbert Root against Roderick Rose, Herman Winterer, E. H. Briggs, and Herman O. Sterl. Judgment for defendants upon their demnrrer to the complaint dismissing plaintiff’s action. Plaintiff appeals. The complaint avers a conspiracy to unlawfully vex, annoy, persecute and damage plaintiff in his person and property. This is an actionable wrong. Stewart v. Cooley, 23 Minn. 347. This court has held that defendants’ acts were not “due process of law.’’ State v. Root, 5 N. D. 487, 67 N. W. Rep. 590. Judges are liable for civil…
1Opinion of the CourtCorliss, C. J.
The complaint in this case presents, upon a superficial reading of it, a strange medley of conspiracy, false imprisonment, malicious prosecution, slander, and other unlawful invasions of the plaintiff’s rights. Distinct causes of action appear to succeed each other in rapid succession, each making its separate claim for heavy damages for the wrong it essays to charge against the parties to this- alleged conspiracy, the defendants in this case. If the sufficiency of the pleading is to be tested by the number and character of the adjectives employed by the pleader, —if the marshaling of a…
2Cases cited30 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Hunt v. . HuntNew York Court of Appeals · 1878
- Randall v. BrighamSupreme Court of the United States · 1869
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Loran v. IszlerNorth Dakota Supreme Court · 1985
- Saunders v. BaldwinSupreme Court of Virginia · 1911
- Youmans v. HannaNorth Dakota Supreme Court · 1916
- Serhienko v. KikerNorth Dakota Supreme Court · 1986
- Haddad v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.