Johannes v. Coghlan
North Dakota Supreme Court
Appeal by defendant from an order of tbe District Court for Stutsman County, BurJce, J., denying his application for the vacation of the judgment in an action to recover damages for an assault and battery. The plaintiff brought this action against the defendant, charging him with assault and battery committed on the 11th of September, 1909, and alleges the damages as $10,000, and prays judgment accordingly.
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Appeal by defendant from an order of tbe District Court for Stutsman County, BurJce, J., denying his application for the vacation of the judgment in an action to recover damages for an assault and battery. The plaintiff brought this action against the defendant, charging him with assault and battery committed on the 11th of September, 1909, and alleges the damages as $10,000, and prays judgment accordingly. Defendant answered, which answer is as follows: “Now comes the defendant by his attorney, E. Baldwin, of Jamestown, North Dakota, and makes answer to plaintiff’s complaint. “1. The…
1Opinion of the Court
Spalding, Oh. J.
(after stating the facts as above).
The only question for our consideration is whether we can say that the trial court abused its discretion in denying defendant’s application to vacate the judgment. In deciding upon such application the trial court undoubtedly took into consideration not only the facts disclosed by the affidavits which we have recited, but the character of the answer interposed by the defendant and his own knowledge of the condition of the weather and roads at the time the trial was had. It is clear that the defendant’s answer was frivolous. In effect it was…
2Cases cited3 opinions
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Cline v. DuffyNorth Dakota Supreme Court · 1910
- Bazal v. St. Stanislaus ChurchNorth Dakota Supreme Court · 1911
3Cited by9 opinions
- William Clairmont, Inc. v. Burlington Northern, Inc.North Dakota Supreme Court · 1975
- Hart v. HoneNorth Dakota Supreme Court · 1928
- Hagen v. AltmanNorth Dakota Supreme Court · 1956
- Basin Electric Power Cooperative v. LangNorth Dakota Supreme Court · 1974
- Azar v. OlsonNorth Dakota Supreme Court · 1953
4 more not listed; retrieve them via the Exa API.