Hanson v. Franklin
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Templeton, J. Action by Michael Hanson against Mari Franklin and others. Judgment for defendants, and plaintiff appeals. After ten years a judgment is dead for all purposes. Merchants' Nat. Bank v. Bráithwaite, 7 N. D. 358, 75 N. W. 244; Ruth v. Wells, 83 N. W. 568. Amendment must not change substantially the claim or cause of action.
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Appeal from District Court, Grand Forks county; Templeton, J. Action by Michael Hanson against Mari Franklin and others. Judgment for defendants, and plaintiff appeals. After ten years a judgment is dead for all purposes. Merchants' Nat. Bank v. Bráithwaite, 7 N. D. 358, 75 N. W. 244; Ruth v. Wells, 83 N. W. 568. Amendment must not change substantially the claim or cause of action. Mares v. Wormington, 8 N. D. 329, 79 N. W. 441; Buxton v. Sargent, 7 N. D. 503; 75 N. W. 811; Murphy v. Plankinton Bank, 100 N. W. 614. Judgment is void where lack of service appears on face of record, Laney v.…
1Opinion of the CourtCarmody, J.
Plaintiff, claiming to be the owner in fee of the two quarter sections of land in controversy, situated in Grand Forks county, brought this action to determine adverse claims. The complaint is in the statutory form provided by section 7522, Rev. Codes 1905. The defendants, the state of North Dakota and the county of Grand Forks answered, setting up and claiming as liens adverse to plaintiff’s title certain personal tax judgments rendered June 17, 1893, against John A. Johnson, a former owner of the land describ*262ed in the complaint, for personal taxes claimed to be due from said John A. Johnson…
2Cases cited22 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Galusha v. WendtSupreme Court of Iowa · 1901
- Bibbins v. W. W. Clark & Co.Supreme Court of Iowa · 1894
- State ex rel. Davis & Starr Lumber Co. v. PorsWisconsin Supreme Court · 1900
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
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3Cited by4 opinions
- Davis v. StateCourt of Appeals of Arizona · 1965
- Nelson v. Westland Oil Co. Foster v. Westland Oil Co. Westom v. Westland Oil Co. Myers v. Westland Oil CoCourt of Appeals for the Eighth Circuit · 1950
- Walstad v. DawsonNorth Dakota Supreme Court · 1934
- Jones v. HeinzleIndiana Court of Appeals · 1921