Ely v. Rosholt
North Dakota Supreme Court
Appeal from district court, Traill county; Pollock, J. Action by William Ely against John Rosholt. Judgment for plaintiff, and defendant appeals.
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Appeal from district court, Traill county; Pollock, J. Action by William Ely against John Rosholt. Judgment for plaintiff, and defendant appeals. This case was tried in justice court, and appealed to the district court of Traill county, and was there submitted upon an agreed statement of facts, from which it appears that the provisions of chapter 42 of the Code of Civil 'Procedure have never been abolished in Traill county; that plaintiff was in the month of February, 1901, the owner and in possession of a section of land near Mayville, in Traill county, on which was a stack of hay belonging…
1Opinion of the CourtCochrane, J.
(after stating the facts). In this state the rule of the common law is declared by statute: That the owner of stock is liable in damages for trespasses by them (section 6153, Rev. Codes; Bostwick v. Railway Co., 2 N. D. 440, 447, 51 N. W. Rep. 781) unless the trespass is committed between the xst day of November and the 1st day of April (section 1549, Rev. Codes), and excepting in those counties where, by a majority vote of the electors, had pursuant to the provisions of sections 1550-1552, Rev. Codes, the operation of the earlier statute has been annulled. The destruction of respondent’s…
2Cases cited12 opinions
- Clarendon Land Investment Agency Co. v. McClelland Bros.Texas Supreme Court · 1893
- Buford v. HoutzSupreme Court of the United States · 1890
- State v. BeckerSouth Dakota Supreme Court · 1892
- State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
- Baylor v. B. & O. R. R.West Virginia Supreme Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Martin v. Platte Valley Sheep Co.Wyoming Supreme Court · 1904
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1910
- Schneider v. MarquartNorth Dakota Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.