National Tube-Works Co. v. City of Chamberlain
Supreme Court Of The Territory Of Dakota
Appeal from the district court for the county of Brule; Hon. L. K. Church, Judge. Referring to section 269 of the Code of Civil Procedure, we find that the judge must either adopt as his own the findings of facts that have already been prepared by his directions, or else he must himself prepare the findings.
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Appeal from the district court for the county of Brule; Hon. L. K. Church, Judge. Referring to section 269 of the Code of Civil Procedure, we find that the judge must either adopt as his own the findings of facts that have already been prepared by his directions, or else he must himself prepare the findings. What purports to be the findings of facts in this case are not signed by the judge, nor is there any other sign or mark of authority about them to show that they have even been presented to him, or that his attention has in any way ever been called to them. ....... Again, the records in…
1Opinion of the CourtThomas, J.
This action was instituted by the plaintiff upon-a warrant issued to it by the city of Chamberlain for the sum. of $ 1,600, bearing date the 15th of December, 1883, the consideration for which was certain pipes used in the construction, of water-works in and by said city. The court found the purchase by the city, the delivery of the pipes, the acceptance and., appropriation of them in the construction of its water-works,,. *59and the continued and present use of them by said city; and the proof shows that on the 24th day of October, 1884, there was paid on said warrant by the said city the sum…
2Cases cited6 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Moore v. . MayorNew York Court of Appeals · 1878
- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- Messenger v. . City of BuffaloNew York Court of Appeals · 1860
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3Cited by13 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Kerker v. BocherSupreme Court of Oklahoma · 1908
- Goose River Bank v. Willow Lake School TownshipNorth Dakota Supreme Court · 1890
- Keokuk Waterworks Co. v. KeokukSupreme Court of Iowa · 1938
- Northwestern Sheet & Iron Works v. County of SiouxNorth Dakota Supreme Court · 1949
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