Legal Opinion

Stewart v. Dwyer

North Dakota Supreme Court

Decided December 16, 1911PublishedCited by 1 opinion

Appeal from District court; Richland county; Allen, J. Action by J. A. Dwyer against J. H. Stewart and J. J. Barrett. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtBurke, J.

Plaintiff, a nonresident, sued the defendant, a resident, in the district court of Richland county, North Dakota. No undertaking being furnished, as provided by § 7196, Rev. Codes 1905, defendant moved that plaintiff’s complaint be dismissed. The court made the order that the complaint be dismissed unless plaintiff furnished such undertaking by January 10, 1911. Plaintiff furnished a purported undertaking upon January 7th; but said undertaking was objected to by defendant on several grounds, among which, that it was not signed by resident of Richland county; that it ran to the clerk of court,…

2Cited by1 opinion

  1. Bergh v. John Wyman Farm Land & Loan Co.North Dakota Supreme Court · 1915

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