Willbur v. Johnson
North Dakota Supreme Court
From a judgment of the District Court of Morton County, Nuchols, J., plaintiff appeals. Every action must be prosecuted in the name of the real party in interest. Revi Codes 1905, § 6807 ; Comp.
Read the full summary
From a judgment of the District Court of Morton County, Nuchols, J., plaintiff appeals. Every action must be prosecuted in the name of the real party in interest. Revi Codes 1905, § 6807 ; Comp. Laws 1913, § 7395; Edmison v. Zborowski, 9 S. D. 40, 68 N. W. 288; McKinney v. Jones, 55 Wis. 39, 11 N. W. 606, 12 N. W. 381; Lenoch v. Yoss, 157 Iowa, 314, 136 N. W. 542. Where a person appears as a witness in an action then pending, and testifies that she has no interest in the action, she is not a necessary party to the action. Gruber v. Baker, 20 Nev. 453, 9 L.R.A. 302, 23 Pac. 858. Where persons…
1Opinion of the CourtGoss, J.
This action is in equity to compel a reconveyance of exchanged real estate and for damages. Issue was joined and a trial had, wherein, after submission of his proof, plaintiff rested. Thereupon both causes of action were separately dismissed on motion of defendants, the court ruling orally that two persons, viz., plaintiff’s wife, Teressa Willbur, and his mother-in-law, Anna B. Cummings, both of Avhom had testified in plaintiff’s behalf and were present in court, were necessary parties to the action. Plaintiff then asked td' reopen the case for the purpose of naming them as additional…
2Cases cited19 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Gruber v. BakerNevada Supreme Court · 1890
- Taylor v. OsbornWashington Supreme Court · 1890
- Stewart v. PriceSupreme Court of Kansas · 1902
- Tuttle v. TuttleNorth Dakota Supreme Court · 1909
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Messer v. HenleinNorth Dakota Supreme Court · 1942
- Gerwein v. McDonnellNorth Dakota Supreme Court · 1926