County of Stark v. Mischel
North Dakota Supreme Court
Action to recover an unauthorized and illegal payment made upon a contract with an attorney. From a judgment rendered in the District Court of Stark County, in favor of the plaintiff, the defendant's appeal. When a state court and a court of the United States may each .take jurisdiction of a matter, the tribunal where jurisdiction first attaches holds it, to the exclusion of the other, until its duty is fully performed and the jurisdiction involved is exhausted.
Read the full summary
Action to recover an unauthorized and illegal payment made upon a contract with an attorney. From a judgment rendered in the District Court of Stark County, in favor of the plaintiff, the defendant's appeal. When a state court and a court of the United States may each .take jurisdiction of a matter, the tribunal where jurisdiction first attaches holds it, to the exclusion of the other, until its duty is fully performed and the jurisdiction involved is exhausted. Gage v. Trust Go. 86 Fed. 894; Freeman v. Howe, 65 H. S. 450; ITerdritti v. Oil Cloth Co. 112 U. S. 294. A civil officer has the…
1Opinion of the Court
Bronson:, J.
This is an action at law to recover county funds from the former county commissioners and the former state’s attorney of Stark county, and their sureties, alleged to have been unlawfully converted to the use of such former state’s attorney. The action was tried to the court without a jury, and, from a judgment rendered' in favor of the plaintiff for $4,794.74 and interest, the defendants have appealed.
There is practically no dispute in the record concerning the facts. The record therefore presents for consideration only questions of law. *335The' necessary facts to be stated in…
2Cases cited4 opinions
- Woods v. WalshNorth Dakota Supreme Court · 1898
- Nichells v. NichellsNorth Dakota Supreme Court · 1895
- County of Stark v. MischelNorth Dakota Supreme Court · 1916
- Rohan v. JohnsonNorth Dakota Supreme Court · 1916
3Cited by4 opinions
- State Ex Rel. Neeriemer v. Daviess Circuit CourtIndiana Supreme Court · 1957
- Interstate Collection Agency, Inc. v. KuntzNorth Dakota Supreme Court · 1970
- Feuer v. FeuerSupreme Court of Florida · 1945
- Interstate Collection Agency, Inc. v. KuntzNorth Dakota Supreme Court · 1970