Seckerson v. Sinclair
Decision Date | 07 January 1913 |
Parties | SECKERSON v. SINCLAIR. |
Court | North Dakota Supreme Court |
OPINION TEXT STARTS HERE
Action by Leroy Seckerson against William Sinclair. Judgment for plaintiff, and defendant appeals.
Motions by respondent to dismiss the appeal and also to vacate an order made by a judge of this court permitting a supersedeas undertaking on appeal to be given. The first motion is denied, and the second motion granted.
*239Knauf & Knauf, of Jamestown, for appellant. Carr & Kneeland and S. E. Ellsworth, all of Jamestown, for respondent.
The motions in the case at bar present the same questions that were just decided by us in the case of Burger v. Sinclair, 140 N. W. 235, and the decision in that case controls this. The same order will accordingly be made herein, with the exception that no costs are allowed.
GOSS, J., being disqualified, did not participate.
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Sandberg v. Cavanaugh Timber Co.
... ... Clarke & Thaw, 40 Pa. 399, 80 Am. Dec ... 584; McNally v. Calwell, 91 Mich. 527, 52 N.W. 70, ... 30 Am. St. Rep. 494; Seckerson v. Sinclair, 24 N.D ... 326, 625, 140 N.W. 239 ... Our own ... decision in Kuehn v. Dix, 42 Wash. 532, 85 P. 43, ... ...