Oswald v. Moran
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Glaspell, J. Action by John C. Oswald and Theodore Basting against Patrick Moran and others. Judgment for plaintiffs, and defendants appeal. Notice of trial must be served after the issue to be tried has been formed by service of the proper pleadings. The note of issue must specify whether the issue presented is of law or of fact, that the order of its trial may be arranged.
Read the full summary
Appeal from District Court, Stutsman County; Glaspell, J. Action by John C. Oswald and Theodore Basting against Patrick Moran and others. Judgment for plaintiffs, and defendants appeal. Notice of trial must be served after the issue to be tried has been formed by service of the proper pleadings. The note of issue must specify whether the issue presented is of law or of fact, that the order of its trial may be arranged. The note of issue must contain the date of service of the last pleading in order that the place of the case upon the calendar may be determined. § 5422, Rev. Codes. Applying…
1Opinion of the CourtYoung, J.
This is an appeal from a judgment and decree of foreclosure rendered and entered by the District Court of Stutsman county at the regular July, 1899, term. The case appeared upon the trial calendar for that term, and when the case was reached upon a call of the calendar the defendants interposed a motion to strike it from the trial calendar upon the grounds that it was not properly on the calendar, for the reason that no note of issue had been filed, and notice of trial had not been served, as required by section 5422, Rev. Codes. This motion was denied, and an exception was taken to the…
2Cases cited2 opinions
- John C. Oswald & Co. v. MoranNorth Dakota Supreme Court · 1898
- Mead v. BillingsSupreme Court of Minnesota · 1890
3Cited by4 opinions
- In re Olson's EstateSouth Dakota Supreme Court · 1903
- Baird v. WallumNorth Dakota Supreme Court · 1927
- Colter v. LoweNorth Dakota Supreme Court · 1931
- Pathman v. WilliamsNorth Dakota Supreme Court · 1916