Legal Opinion

O'Keefe v. Omlie

North Dakota Supreme Court

Decided April 30, 1908PublishedCited by 1 opinion

Appeal from District Court, Walsh County; Goss, Special Judge. Action by William O’Keefe, Jr., against David H. Beecher. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtSpalding, J.

Defendant appeals from a judgmnet of the district court awarding plaintiff damages in the sum of $207.23, and costs. The action was brought by plaintiff against one Omlie and the appellant jointly for the recovery of damages for an alleged breach of contract. After all parties had rested, a motion *405to dismiss the action as to defendant Omlie was granted, after which a verdict was rendered, and judgment entered against the appellant.

We first meet with a motion to dismiss the. appeal. We see no merit in this motion. It is based on the ground that notice of appeal was not served upon Omlie. This…

2Cases cited3 opinions

  1. Fulton v. CretianNorth Dakota Supreme Court · 1908
  2. Bertelson v. EhrNorth Dakota Supreme Court · 1908
  3. Hawk v. KonouzkiNorth Dakota Supreme Court · 1900

3Cited by1 opinion

  1. Badertscher v. Independent Ice Co.Utah Supreme Court · 1919

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