Campbell v. Coulston
North Dakota Supreme Court
Appeal from District Court,'Burleigh county; Winchester, J. Action by Hugh 'Campbell, Jr., against J. Warren Coulston to woreclose a mortgage. From an order vacating a judgment of foreclosure on motion of Joseph Bull, plaintiff appeals. Judgment can be vacated on motion only in the court where rendered. 17 Am. and Eng.
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Appeal from District Court,'Burleigh county; Winchester, J. Action by Hugh 'Campbell, Jr., against J. Warren Coulston to woreclose a mortgage. From an order vacating a judgment of foreclosure on motion of Joseph Bull, plaintiff appeals. Judgment can be vacated on motion only in the court where rendered. 17 Am. and Eng. Enc. of Law, (2nd Ed.) 842; Garlock v. Calkins, 14 S. D. 90, 84 N. W. 393; Elder v. Mining Co., 58 Fed. 5'3G; Buffham v. Perkins, 44 N. W. 1150; Coon v. Seymour, 37 N. W. 243; 1 Black on judgments, p. 297. Cases without action therein, two years after final judgment therein,…
1DissentSpalding, J.
I am unable to concur in the" conclusions in the majority opinion expressed by Judge Fisk. If, as found, the district court of Burleigh county had no jurisdiction of the pretended judgment and no power to vacate it, I can imagine no excuse for this court passing upon the validity or invalidity of such judgment or on the equities of the application. If the district court had no jurisdiction to pass on the merits or equities of the application, this court has none, and its decision thereon is a naked assumption of authority belonging to the federal court. It, however, has assumed to act, and…
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