Persons v. Smith
North Dakota Supreme Court
Appeal from District Court, Barnes county; Glaspell, J. Action by Simon E. Persons against Charles G. Smith, Mary L. Smith and Phineas P. Persons. A judgment was entered dismissing the case as to the defendants Smith, and for a money recovery against defendant Phineas P. Persons. The defendant Persons, appealed from the judgment.
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Appeal from District Court, Barnes county; Glaspell, J. Action by Simon E. Persons against Charles G. Smith, Mary L. Smith and Phineas P. Persons. A judgment was entered dismissing the case as to the defendants Smith, and for a money recovery against defendant Phineas P. Persons. The defendant Persons, appealed from the judgment. The question of res adjudicata can only be applied where there is an identity of parties, and an identity of issues involved. 2 Black on Judgments, Par. 534 and cases cited; same, Par. 610; Cromwell v. County of Sac, 94 U. S. 351, 24 L. Ed. 195. But where the subject…
1Opinion of the CourtCochrane, J.
Plaintiff’s action is to foreclose a mortgage upon real estate in Barnes county, N. D., and for general relief. His ownership of the note and mortgage is through a written assignment of- them made by Thomas Persons, the payee and mortgagee named in the instruments. The mortgagors, Charles G. Smith and Mary L. Smith, answered, alleging that the note and mortgage had been fully paid and satisfied prior to the commencement of the action. Phineas P. Persons, also a defendant, answered separately, alleging that the note and mortgage in suit were fully paid and satis*408fied, and that the assignment of…
2Cases cited5 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
- Atchison, Topeka & Santa Fe Railroad v. OsbornSupreme Court of Kansas · 1902
- Fredericks v. JudahCalifornia Supreme Court · 1886
- Persons v. PersonsCourt of Appeals for the Eighth Circuit · 1900
3Cited by2 opinions
- Phoenix Insurance v. SeegersSupreme Court of Alabama · 1915
- Weathers v. RobertsSupreme Court of Oklahoma · 1921