Hagen v. Gresby
North Dakota Supreme Court
Appeal from the County Court of Ward County, Murray, J. Proceedings to set aside and declare null and void a judgment obtained by default. Judgment fox defendant. Plaintiff appeals. Reversed. If it is necessary, under our statute, for an attorney to write his name to a summons with pen and ink, it is just as necessary for him to-so write'his address thereon, for both are equal requisites under the law. Comp.
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Appeal from the County Court of Ward County, Murray, J. Proceedings to set aside and declare null and void a judgment obtained by default. Judgment fox defendant. Plaintiff appeals. Reversed. If it is necessary, under our statute, for an attorney to write his name to a summons with pen and ink, it is just as necessary for him to-so write'his address thereon, for both are equal requisites under the law. Comp. Laws 1913, §§ 7421, 8944. The object of our statutes upon this subject is to give to a defendant, notice of the pendency of the action, and where the attorney’s name and address are…
1Opinion of the Court
Bruce, T.
' This is an appeal from a judgment of the county court of Ward County, setting aside and declaring null and void a judgment entered and obtained by default. Two questions are presented: whether the summons to which the name of the plaintiff’s attorney was printed with a typewriter, and which was not subscribed by said attorney in his own handwriting, was a nullity, and whether, if a nullity, the defendant entered a general appearance in his motion to set aside the judgment.
The summons was in the regular statutory form. At the bottom there was written in typewriting “E. B. Lambert,…
2Cases cited8 opinions
- Mezchen v. MoreWisconsin Supreme Court · 1882
- Ligare v. California Southern RailroadCalifornia Supreme Court · 1888
- Hamilton v. StateIndiana Supreme Court · 1885
- Dreutzer v. SmithWisconsin Supreme Court · 1882
- Rahn v. GunnisonWisconsin Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gifford v. BowlingSouth Dakota Supreme Court · 1972
- Joseph Denunzio Fruit Co. v. CraneDistrict Court, S.D. California · 1948
- State Ex Rel. McGregor v. RiggSupreme Court of Minnesota · 1961